Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302, 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Conversion of Punishment under one provision of Chap. XVI, P.P.C. [Ss.299 - 338H] to other provision was not alteration of findings---Scope---Prosecution case was that the accused party while armed with deadly weapons assaulted on complainant party, made firing thereon, as a result of which one person died at the spot, whereas two persons sustained injuries---Trial Court charged the accused persons under Ss. 302, 324, 148 & 149, P.P.C.---Trial Court found the accused persons guilty of committing qatl-i-khata of deceased and were convicted under Ss. 319, 337-H(1) & 149, P.P.C.---Complainant had contended that conviction and sentence awarded to the accused persons under the wrong provisions of Ss. 319 & 337-H(1) P.P.C., which should be corrected and rectified in the manner that the accused be convicted under Ss. 302(b), 324 & 34, P.P.C.---Validity---Record showed that present case was not a case of retrial but rewriting of ---Appellate Court, when dealing with the appeal against conviction, could alter a conviction under S.423, Cr.P.C. but subject to conditions that altered conviction should not be such which could not have been recorded by the Trial Court---Provisions of S. 423(1)(b)(3), Cr.P.C. provided that by such alteration, sentence could not be enhanced---Court had no power, in circumstances, to alter the finding of conviction under S. 319, P.P.C. into 302(b), P.P.C. while disposing of appeal preferred against conviction---If offender was punished under one of the provisions of Chap. XVI, P.P.C., its convertion to other provision was not alteration of findings but it would amount to reversal of findings which essentially had entirely different features for which the Court was debarred in view of provisions of S. 439-4(a), Cr.P.C.---Only appellate court had been conferred power to reverse the findings of acquittal under S.423(1)(a), Cr.P.C.---Appeal filed by the complainant was allowed by setting aside the impugned and in view of S. 423(1)(b), Cr.P.C., case…

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