Supreme Court of India · 1998-09-03
JAGBIR SINGH vs STATE OF PUNJAB
- Citation / case number
- SC 1996/924
- Court
- Supreme Court of India
- Petitioner
- JAGBIR SINGH
- Respondent
- STATE OF PUNJAB
- Author
- SYED SHAH MOHAMMED QUADRI M.K.MUKHERJEE
- Bench
- SYED SHAH MOHAMMED QUADRI M.K.MUKHERJEE
Judgment text excerpt
The Supreme Court held that under Section 378(4) and Section 373(1) of the Cr.P.C., only the State can appeal against an acquittal, and the complainant may only seek revision under Section 401 Cr.P.C. The Court found that the High Court improperly entertained the complainant's appeal, leading to the conviction of the appellants under Section 302/34 IPC. Consequently, the Supreme Court restored the trial court's acquittal of the appellants, directing the High Court to treat the complainant's appeal as a revision application.