VidhiSangh

Supreme Court of India · 23/04/2025

RAMYASH @ LAL BAHADUR versus THE STATE OF UTTAR PRADESH AND ANOTHER ETC. ETC

[2025] 4 S.C.R. 1630 · 2025 INSC 544

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Summary

The Allahabad High Court, having dismissed the accused's appeals and affirmed their convictions under s.302 IPC by judgment dated 21.05.2018, later allowed a 'correction application' under s.362 CrPC, replaced the last five paragraphs, converted the convictions to s.304 Part II IPC and reduced the sentences. The Court held that s.362 bars a court from altering or reviewing its signed judgment except to correct a clerical or arithmetical error, that substituting new reasoning and a different conviction is not such a correction, and that inherent power cannot be used to do what s.362 prohibits. The complainant's appeals were allowed and the impugned order quashed, with liberty to the accused to challenge the original judgment.

Issues

  1. Whether the High Court could, under s.362 CrPC, alter its signed judgment affirming convictions under s.302 IPC by substituting convictions under s.304 Part II with reduced sentences, on the footing that the operative portion had been wrongly typed.
  2. What constitutes a clerical or arithmetical error within s.362 CrPC.
  3. Whether the accused's appeal seeking acquittal could be allowed.

Provisions considered

Held

Result

Criminal Appeal Nos. 1153-1155 of 2021 (by the complainant) allowed; Criminal Appeal No. 1175 of 2021 (by the accused) dismissed. High Court judgment dated 08.02.2019 quashed and set aside. Accused to surrender before the Chief Judicial Magistrate, Jaunpur within four weeks to undergo the remaining sentence under the judgment dated 21.05.2018, with liberty to challenge that judgment on merits.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 1630.