Judgment

GAJENDRAGADKAR, J. : The short and interesting question which arises for our decision in the present appeal is in respect of the powers of the High Court in disposing of appeals under S. 423 (1) (b) of the Code of Criminal Procedure. In dealing with an appeal preferred by a convicted person against the order of conviction and sentence imposed on him by the trial Court can the High Court in exercise of its appellate powers under S. 423 (1) (b) reverse the finding of acquittal recorded by the trial Court in favour of the appellant in respect of an offence which is directly not the subject matter of the appeal ? On this question there has been a difference of opinion amongst our High Courts, and it appears from reported decisions that in the same High Court sometimes conflicting views have been expressed on the point.

2. This question arises in this way. In the Court of Session, Visakhapatnam Division, the respondent Thadi Narayana was charged at the instance of the appellant the State of Andhra Pradesh with having committed offences punishable under Ss. 302 and 392 of the Indian Penal Code. The case against her was that on December 27, 1956, at about night-meal time at Gangach