Judgment

BHAGWATI, J.: Special leave was granted to the appellant to file this appeal limited to the question of sentence only. Shri Nur-Ud-Din Ahmed appearing for the appellant urged before us, that after the learned Sessions Judge pronounced his judgment and awarded to the appellant the sentence of transportation for life, the State did not file any revision against that sentence but it was the complainant who moved the High Court in revision and the High Court in revision enhanced the sentence from transportation for life to one of death. He also urged that after the decision was pronounced by the High Court on the 16th April, 1951, the appellant filed an application for leave to appeal to the SC on the 15th, May 1951, and this application for some reason or the other was not disposed of by the High Court till the 13th March, 1953. He, therefore, contended that the sentence of death which was awarded to the appellant should be commuted to one of transportation for life.

2. In regard to the first ground, it is not possible for us to interfere for the simple reason that whether the State filed a revision or the complainant moved the High Court in revision, it was competent to the Hi