EMPEROR Vs. MANGAL NARAN

JUDGEMENT

(1.) The accused in this case was found guilty of (1) kidnapping a girl in order to commit murder under Section 364, Indian Penal Code, and (2) having murdered the girl and so having committed an offence under Section 302, Indian Penal Code. For the first offence he was sentenced to three years rigorous imprisonment, and for the second he was sentenced to transportation for life.

(2.) The accused filed a petition of appeal from the jail and when it came before the Court for admission the Court was of opinion that the accused ought to have been sentenced to death. Consequently the following order was made:--"Admit and issue notice to enhance the sentence, i. e,, to sentence of death."

(3.) This order would at first sight seem to be strange, although it may be justified by the addition to Section 439 of the Criminal Procedure Code contained in Sub- section 6 The Court exercising the powers conferred on a Court of appeal by the relative section of the Criminal P. C. has no power to enhance the sentence But under a 431):- In the case of any proceeding the record of which has been called for by itself, or which has been reported for orders, or which otherwise comes to its knowledge, the High Court may, in its discretion, enhance the sentence.