LAKHAN MAHTO & ORS. versus STATE OF BIHAR

LAKHAN MAHTO & ORS. versus STATE OF BIHAR

The High Court acted without jurisdiction in altering the finding of acquittal on the charge under s. 302 IPC to a conviction under s. 326 IPC in absence of an appeal by the State against acquittal.

Parties
Appellant: Lakhan Mahto & Ors.; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
24 February 1966
Procedural Posture
Criminal Appeal / Supreme Court Appeal by Special Leave From High Court Judgment
Outcome
Appeal dismissed. Conviction and sentence modified.
Legal Topics
Code of Criminal Procedure S. 423, Indian Penal Code S. 149, Alteration of Acquittal Through Appellate Power, Constructive and Substantive Liability
Criminal Law Code of Criminal Procedure S. 423 Indian Penal Code S. 149 Alteration of Acquittal Through Appellate Power Constructive and Substantive Liability

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Parties

Lakhan Mahto & Ors.

Appellant

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether the High Court had jurisdiction to alter acquittal under s. 302 IPC to conviction under s. 326 IPC when no State appeal was preferred against acquittal
  2. 2 Whether s. 149 IPC constitutes a substantive offence or merely an enabling provision for vicarious liability

Ratio Decidendi

The High Court acted without jurisdiction in altering the finding of acquittal on the charge under s. 302 IPC to a conviction under s. 326 IPC in absence of an appeal by the State against acquittal.

Court Disposition

Appeal dismissed. Conviction and sentence modified.

Orders

  • Conviction and sentence imposed on Lakhan under s. 326 IPC set aside
  • Judgment of High Court otherwise affirmed for all appellants