LAW FOR ALL

High Court has affirmed the finding of the guilt but has erroneously set-aside the sentence of imprisonment by providing for fine of Rs. 30,000/- only. State of Andhra Pradesh versus Thadi Narayana AIR 1962 SC 240 in para 12, while considering the word reverse and alter used in Section 423 akin to Section 386 of the Code, stated as following: "12. The word "alter" must in the context be distinguished from the word "reversed". Whereas, under S. 423(1)(b)(1)power is conferred on the High Court to reverse the order of conviction the power conferred on the Appellate Court by the expression "alter the finding" is merely the power to alter. Reversal of the order implies its obliteration, whereas alteration would imply no more than modification and not its obliteration.” = The maximum sentence under Section 328 is ten years, under Section 307 is ten years and in case of hurt, it is life imprisonment or such punishment, as mentioned above. In Section 392 IPC, the maximum punishment is for the period of fourteen years.-The convict was heard on the quantum of punishment. She pleased for a lenient view being the first offender and a young lady of about 40 years in age. She also stated that she has three minor sons and out of them two are mentally unsound.” = We are thus of the view that the fact that accused has three minor sons, out of them two are mentally retarded, was taken into consideration by trial court and after considering the aforesaid fact, sentence of imprisonment of only two years was ordered. we are of the view that order of the High Court, modifying the sentence is unsustainable and is hereby set- aside. Judgment and order of the trial court dated 05.03.2003 is restored.