Nathuram Sharma vs Rajendra Goyal on 14 August, 2007
It was observed that by making such order the learned Judge has not only given an opportunity to the prosecution to fill up the weak spot of the prosecution case but also put the case to the stage of investigation which was not open to the Judge while exercising his appellate powers under Section 386(b) of Cr.PC. In the case of Kallu Khan (supra), the Appellate Court enhanced the sentence passed by the Trial Court. In an appeal against the conviction filed by the accused, it is observed that under Section 386(b) of Cr.PC, no such enhancement can be ordered.