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1981 Supreme(P&H) 307

S.S.SANDHAWALIA, D.S.TEWATIA, K.S.TIWANA
Ajit Singh And Another – Appellant
Versus
State Of Punjab – Respondent


Judgment

S.S.SANDHAWALIA, J.

1. The two meaningful questions which in essence fall for determination in this reference to the Full Bench are :-

(1) Whether the High Court has no power to review or alter its earlier judgement (except to correct clerical errors) rendered within the criminal jurisdiction ?

(2) Whether any alteration or modification of the sentence alone (without touching the merits or the section under which the conviction is recorded) would amount to a review in the eye of law ?

2. Equally at issue is the connected question whether the view expressed by the Division Bench in Lal Singh V/s. State, AIR 1970 Punj and Har 32 : (1970 Cri LJ 267), can still hold the field in the wake of the recent judgement in State of Orissa V/s. Ram Chander Agarwala, AIR 1979 SC 87 : (1979 Cri LJ 33).

3. The two petitioners were brought to trial on the charge of attempted murder before the Additional Sessions Judge, Amritsar. The learned Judge, however, acquitted them of that charge but held Ajit Singh, petitioner guilty substantively under S.326, Penal Code and Charan Singh Petitioner under S.326 read with S.34, Penal Code, and imposed sentences of two years rigorous imprisonment and fin



































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