Supreme Court of India · 1965-11-30
JAGAT BAHADUR SINGH vs STATE OF MADHYA PRADESH
- Citation / case number
- SC 1963/197
- Court
- Supreme Court of India
- Petitioner
- JAGAT BAHADUR SINGH
- Respondent
- STATE OF MADHYA PRADESH
- Bench
- MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court held that under Section 32 of the Code of Criminal Procedure, an appellate court cannot impose a sentence exceeding the maximum that could have been imposed by the trial court. The High Court erred in sentencing the appellant to four years of rigorous imprisonment for the offence under Section 392 IPC, as the trial court could not have imposed a sentence exceeding two years. The Court emphasized that the appellate court's role is to correct errors, not to exceed the trial court's sentencing powers.