The sentence is altered to the period already undergone
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Act: Section 324 IPC
[Criminal AppealCriminal Appeal Shankar Kerba Jadhav and others vs. The State of Maharashtra (AIR 1971 SC 840): "An appeal is a creature of a statute and the powers and jurisdiction of the appellate Court must be circumscribed by the words of the statute. At the same time a Court of appeal is a "Court of error" and its normal function is to correct the decision appealed from and its jurisdiction should be co-extensive with that of the trial Court. It cannot and ought not to do something which the trial Court was not competent to do. There does not seem to be any fetter to its power to do what the trial Court could do." No. 148 of 2017 @ Special Leave Petition (CRL.) No. 9253 of 2014]
KURIAN, J.
1. Leave granted.
2. While issuing notice on 19.11.2014, the scope of the notice was limited to the question of sentence.
3. It is not in dispute that the conviction maintained was only under Section 324 IPC. We are informed that the appellant has undergone sentence of around three months.
4. Looking at the nature of injury and other circumstances, we are of the view that the interest of justice would be served in case the sentence is altered to the period already undergone.
Ordered accordingly.
5. In view of the above, the appeal is allowed to the above extent.
KURIAN JOSEPH
A. M. KHANWILKAR