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Judgment
A.P. Sen, J.—Special leave granted. Arguments heard.
We are satisfied that the High Court had no jurisdiction while acquitting the appellant of the offences under Sections 304A and 279 of the Indian Penal Code, 1860 in directing that his conviction and sentence u/s 89(a) and (b) of the Motor Vehicles Act, 1939 shall be maintained. We fail to appreciate the legality and propriety of such a direction. The High Court completely over looked that there was an order of acquittal rendered by the Additional Judicial 1st Class Magistrate-II Trivandrum by his judgment dated December 7, 1983 holding that the offence u/s 89(a) and (b) was not made out against the appellant. There was no appeal against acquittal preferred by the State Government. In view of this, the High Court had no jurisdiction and power to direct the conviction of the appellant u/s 89(a) and (b) of the Act.
Accordingly, the appeal is allowed. The Judgment of the High Court insofar as it directs that the conviction and sentence passed on the appellant u/s 89(a) and (b) of the Motor Vehicles Act, 1939 are set aside.
The bail bonds shall stand cancelled.