In Brief
The Supreme Court allowed an appeal against a High Court judgment that illegally converted an acquittal into a conviction of a graver offence. The appellant and three co-accused had been acquitted of murder (Section 302/149 IPC) but convicted under the Arms Act. The High Court, proceeding on wrong factual premises, convicted all four of the graver offence without any State appeal or proper notice. The Court held that such fundamental jurisdictional errors cannot stand, and the benefit of setting aside the illegal order extends to all co-accused despite only one appealing. The case was remanded to the High Court for fresh hearing on merits."
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