https://www.taxtmi.com/caselaws?id=313822 The State's appeal against acquittal under Section 302 IPC was maintainable in principle because the earlier criminal appeal had decided only the conviction under Section 304 IPC and the sentence, not the acquittal under Section 302. Section 430 CrPC, 1898 made final only the matters actually heard and decided, so the earlier judgment did not extinguish the State's statutory right to pursue the acquittal challenge. However, that later appeal had to respect the finality of the earlier finding that the accused were guilty only of culpable homicide not amounting to murder. The acquittal under Section 302 was therefore not disturbed and the appeal was dismissed. en-us Fri, 06 Oct 1961 00:00:00 +0530 Fri, 03 May 2024 16:01:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=313822 The State's appeal against acquittal under Section 302 IPC was maintainable in principle because the earlier criminal appeal had decided only the conviction under Section 304 IPC and the sentence, not the acquittal under Section 302. Section 430 CrPC, 1898 made final only the matters actually heard and decided, so the earlier judgment did not extinguish the State's statutory right to pursue the acquittal challenge. However, that later appeal had to respect the finality of the earlier finding that the accused were guilty only of culpable homicide not amounting to murder. The acquittal under Section 302 was therefore not disturbed and the appeal was dismissed. Case-Laws Indian Laws Fri, 06 Oct 1961 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=313822