Prasanna Chandra Majumdar vs Upendra Nath Shaw

The petitioner in this case was convicted by the Deputy Magistrate of Bogra u/s 143, Indian Penal Code, and sentenced to pay a fine of Rs. 100. On appeal to the Sessions Judge of Pabna he upheld the conviction and sentence and further passed an order setting aside the order of acquittal of the offence u/s 379, Indian Penal Code, which had been passed by the Trying Magistrate. The learned Sessions Judge had clearly no jurisdiction to set aside the acquittal of the petitioner when he upheld conviction u/s 143, Indian Penal Code. It was not a case of altering the conviction which was within his powers u/s 423, Criminal Procedure Code. We accordingly make this Rule absolute and set aside the order of the Sessions Judge so far as it sets aside the acquittal of the petitioner u/s 379, Indian Penal Code, by the Trying Magistrate.