LAKHAN MAHTO & ORS. vs STATE OF BIHAR

The Supreme Court held that the High Court acted without jurisdiction by altering the acquittal of L under Section 302 IPC and convicting him under Section 326 IPC, as the State did not appeal against the acquittal. The Court clarified that under Section 423(1)(b) of the Code of Criminal Procedure, the Appellate Court can only consider the order of conviction and not alter an acquittal. Furthermore, the Court emphasized the distinction between substantive offences under Section 302 IPC and constructive liability under Section 302/149 IPC, reinforcing that the latter cannot be converted to a direct liability conviction without proper procedure under Section 439 of the Criminal Procedure Code.