Supreme Court of India · 1957-10-28
SARJUG RAI AND OTHERS vs THE STATE OF BIHAR
- Citation / case number
- SC 1957/60146
- Court
- Supreme Court of India
- Petitioner
- SARJUG RAI AND OTHERS
- Respondent
- THE STATE OF BIHAR
- Bench
- SINHA, BHUVNESHWAR P.
Judgment text excerpt
The Supreme Court held that under Section 439 of the Code of Criminal Procedure, the High Court has the authority to enhance a sentence beyond the maximum limit imposed by the trial court, as established in the case of Bed Raj v. The State of Uttar Pradesh. The Court affirmed the High Court's decision to increase the sentence from five years to ten years rigorous imprisonment for the offence of dacoity under Section 395 IPC. The ruling clarifies the scope of the High Court's revisional powers in criminal matters.