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.