Supreme Court of India · 1968-10-30
NlRBHAY SINGH vs STATE OF MADHYA PRADESH
- Citation / case number
- SC 1966/60408
- Court
- Supreme Court of India
- Petitioner
- NlRBHAY SINGH
- Respondent
- STATE OF MADHYA PRADESH
Judgment text excerpt
The Supreme Court held that the State has the right to appeal against an order of acquittal under Section 417 of the Code of Criminal Procedure, and Section 369 does not restrict this right. The Court clarified that the finality of a High Court judgment under Section 430 is subject to the State's right to appeal, and a summary dismissal of an appeal by the accused does not merge the trial court's judgment into the High Court's judgment, allowing the State to appeal. The Court upheld the High Court's conviction of the appellant for murder, substituting the previous sentence with life imprisonment.