Bharatkumar Rameshchandra Barot vs The State Of Gujarat

The Supreme Court held that the enhancement of the appellant's sentence from 10 years to life imprisonment under Section 302 IPC by the High Court was improper as it violated the procedural safeguards outlined in Section 377(3) of the Code of Criminal Procedure, 1973. The Court emphasized that the accused was not given a fair opportunity to defend himself in the appeal for enhancement, which is a fundamental right. Consequently, the Supreme Court set aside the High Court's order and restored the original sentence imposed by the Trial Court.