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february 1960

Supreme Court of India · 1960-02-26

RABARI GHELA JADAV vs THE STATE OF BOMBAY

Citation / case number
SC 1959/81
Court
Supreme Court of India
Petitioner
RABARI GHELA JADAV
Respondent
THE STATE OF BOMBAY
Bench
IMAM, SYED JAFFER

Judgment text excerpt

The Supreme Court held that under the Code of Criminal Procedure, sections 418(1), 419, 421, and 422, an appellate court cannot admit an appeal solely on the question of sentence; it must also consider the merits of the case. The appellant, convicted under Section 304 Part I IPC and initially sentenced to life imprisonment, had his sentence reduced to 10 years by the High Court, which was deemed improper. The Court ruled that the appellant was entitled to have his appeal heard on the merits, thereby allowing the appeal.

RABARI GHELA JADAV vs THE STATE OF BOMBAY · Niyam