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Supreme Court of India 2025-04-23 allowed

RAMYASH @ LAL BAHADUR vs THE STATE OF UTTAR PRADESH

Bench: 2 — B.R. Gavai, Augustine George Masih

In Brief

This case concerns the scope of a High Court's power to correct its own judgment under Section 362 of the Criminal Procedure Code. The original convictions were for murder (Section 302 IPC) with life sentences. On appeal, the High Court upheld these convictions. Later, the accused filed a "correction application" claiming a clerical error, and the High Court allowed it, changing its judgment to convert the conviction to culpable homicide not amounting to murder (Section 304 Part II IPC) with reduced sentences. The Supreme Court held that such substantive modification of reasoning and conviction constitutes an unlawful review, not correction of a clerical error. The Court quashed the High Court's modified judgment and directed the accused to surrender for their original sentences.

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Criminal Procedure Judicial Authority Powers of High Court Clerical Errors Conviction and Sentencing

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