THE STATE OF UTTAR PRADESH vs SHANKAR AND ANOTHER

The Supreme Court interpreted Section 423(1)(b) of the Code of Criminal Procedure, 1898, holding that an appellate court has the authority to direct the commitment of an accused to the Court of Session even in cases not exclusively triable by it. The Court overturned the High Court's ruling that the Sessions Judge lacked such power in an appeal against conviction. The Court upheld the Sessions Judge's decision to commit the case for trial under Section 326 IPC, affirming the gravity of the offense committed by the respondents.