BACHAN SINGH ETC. versus STATE OF PUNJAB

BACHAN SINGH ETC. versus STATE OF PUNJAB

The accused were afforded adequate opportunity to plead for acquittal and reduction of sentence at the hearing of their appeals, and the High Court, having both appeals and revision before it, lawfully exercised its power to enhance the sentence without separately referencing the revision petition.

Parties
Petitioner: Bachan Singh; Petitioner: Gurnam Singh; Petitioner: Chanan Singh; Petitioner: Ravail Singh; Petitioner: Vir Singh; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
14 September 1979
Procedural Posture
Special Leave Petition (criminal) / Final Judgment on Petition for Special Leave
Outcome
Petition for special leave dismissed
Legal Topics
Appeals, Revisions, Enhancement of Sentence
Criminal Procedure Appeals Revisions Enhancement of Sentence

Case Brief

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Parties

Bachan Singh

Petitioner

Gurnam Singh

Petitioner

Chanan Singh

Petitioner

Ravail Singh

Petitioner

Vir Singh

Petitioner

State of Punjab

Respondent

Procedural Posture

Special Leave Petition (criminal) / Final Judgment on Petition for Special Leave

Legal Issues

  1. 1 Whether the High Court erred in enhancing the sentence of the accused without giving them an opportunity to show cause or plead for acquittal or reduction of sentence as contemplated by Section 377(3) Cr.P.C.

Ratio Decidendi

The accused were afforded adequate opportunity to plead for acquittal and reduction of sentence at the hearing of their appeals, and the High Court, having both appeals and revision before it, lawfully exercised its power to enhance the sentence without separately referencing the revision petition.

Court Disposition

Petition for special leave dismissed

Orders

  • Petition dismissed