Supreme Court · 2004 INSC 534 · Decided 20 September 2004
Prithvi Raj and ORS. v. Kamlesh Kumar and ANR.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 534 · [2004] SUPP. 4 S.C.R. 571
- Case number
- CRIMINAL APPEAL No. 609/1999
- Decided
- 20 September 2004
- Bench
- ARIJIT PASAYAT, C.K. THAKKER (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 149, 326, 324, 323, 148
Headnote
B Probation of Offenders Act, 1958: Section II (2)! Appeal and revision-Right to prefer-Held: The right to prefer an appeal is not confined only to the convicted person or the State-The C complainant can also prefer an appeal questioning the propriety of the order passed under Ss. 3 or 4. Appeal propriety and order passed under Ss. 3 or D 4 could be dealt with by the appellate court-There is no scope of altering the nature of the offence an or directing that the accused should be convicted for another offence. The appellants faced trial for alleged commission of offences punishable
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