sentence, but not so as to enhance the same; (c) in an appeal for enhancement of sentence - (i) reverse the finding and sentence and acquit ... extent, or the nature and extent, of the sentence, so as to enhance or reduce the same; (d) in an appeal from any other order
show
cause against enhancement, so long must he have, in showing
cause against enhancement of sentence, the right, under sub-
section (6), to show cause ... ground for reducing the sentence. It
is in no sense a decision that the sentence should not be
enhanced for that issue was not before
afforded him any opportunity of showing cause against
the said enhancement while enhancing the sentence. Admitted-
ly, there was no appeal by the State ... enhanced the sentence by imposing additional sentence of
a fine of Rs. 5,000 with a default clause in addition to the
sentence of life
committal, the reduction of sentence, the alteration of a sentence to one of another kind, (the enhancement of sentence is a matter which is expressly ... also the power expressly and specifically given by Section 439 to enhance sentences. Incidentally it may be observed that under Section 439 (4) the High
show cause why the sentence should not be enhanced and after hearing them enhanced their sentence from transportation for life to death. It was argued ... under Section 439 to enhance the sentence is subject to the condition that the sentence should be enhanced as not to exceed the maximum provided
reverse the finding and sentence' (2) alter the finding maintaining the sentence and (3) alter the nature of the sentence.
8. It is obvious ... enhanced and issues a notice to that effect but the appeal comes up for hearing before the notice of enhancement of the sentence is served
sentence, but not so as to enhance the
same;
(c) in an appeal for enhancement of sentence
(i)reverse the finding and sentence and
acquit ... Court can exercise the power of
enhancement. The Appellate Court in an appeal for
enhancement, can enhance the sentence also. The proviso
to Section
sentence, but
not so as to enhance the same;
(c) in an appeal for enhancement of
sentence--
(i) reverse the finding and sentence
and acquit ... sentence imposed on him cannot be
enhanced. If the appellate court cannot itself enhance the
sentence it would be unjust to resort to the powers
under the old Code the Sessions Judge had no power to enhance the sentence but he could at best make a report to the High ... enhance the same. The section further says that in an appeal for enhancement of sentence the appellate Court can reverse the finding and sentence
lighter sentence in comparison with sentence of imprisonment. He further submits that even taking the aggregate sentence of imprisonment including the sentence of imprisonment ... does pay it, the nature of the sentence is altered, but the sentence is not enhanced. If he cannot and does not pay the fine
