Judgment

CHINNAPPA REDDY, J.:- We are afraid we have to voice our grave concern and express our serious displeasure at the course of events in the High Court in the present case. We consider it our duty to do so. We are not a little disturbed by what has been done in the High Court. The High Court, some weeks after pronouncing its judgment in a Criminal appeal, altered a conviction under Section 302 Indian Penal Code which it had confirmed to one under Section 304 Indian Penal Code, ostensibly exercising its power to correct clerical errors but ignoring Sec. 362 of the Code of Criminal Procedure 1973 which expressly provides "Save as otherwise provided by this Code or by any other law for the time being in force, no Court, when it has signed its Judgment or final order disposing of a case. shall alter or review the same except to correct a clerical or arithmetical error".

2. Naresh, one of the appellants, was convicted by the Trial Court of an offence under Section 302 Indian Penal Code and the rest of the appellants were convicted under Section 302 read with Sec. 149 Indian Penal Code. All of them were sentenced to imprisonment for life. The accused preferred appeals to the High Cou