LexRAMYASH @ LAL BAHADUR versus THE STATE OF UTTAR PRADESH AND ANOTHER ETC. ETC
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[2025] 4 S.C.R. 1630 : 2025 INSC 544 Ramyash @ Lal Bahadur v. The State of Uttar Pradesh and Another Etc. Etc. (Criminal Appeal No(s). 1153-55 of 2021) 23 April 2025 [B.R. Gavai* and Augustine George Masih, JJ.] Issue for Consideration Whether the High Court erred in allowing the Correction Application filed under Section 362, CrPC by the accused persons and modifying its earlier judgment by converting the conviction under Section 302 to Section 304 Part II, IPC. Headnotes† Criminal Procedure Code, 1973 – s.362 – Court not to alter judgment – Accused were convicted by the trial court u/ss.302, 323 r/w 34, 452, 504, 506 IPC and sentenced to imprisonment for life – High Court dismissing the criminal appeals thereagainst affirmed the conviction – However, subsequently on a correction application filed by the accused persons u/s.362, CrPC, High Court modified its earlier judgment and converted the conviction u/s.302 to s.304 Part II, IPC – Sustainability: Held: Impugned judgment quashed and set aside – Under s.362, CrPC, once the judgment and final order is signed disposing of a case, no Court is allowed to alter or review the same except to correct a clerical or arithmetical error – High Court while delivering the impugned judgment said that it was only correcting a clerical error however, it can be seen that in the first judgment, the High Court rejected the contention raised on behalf of the appellants therein and confirmed the conviction u/s.302, IPC, but later, the entire reasoning is changed in the impugned judgment – In the impugned judgment, High Court came to a finding that the incident appeared to be a result of a sudden provocation and occurred in the heat of a moment and therefore converted the conviction from s.302, IPC to Part-II of s.304, IPC – Procedure adopted by the High Court was untenable – It was not competent for the High Court to have reviewed its earlier judgment. [Paras 10, 14, 21] * Author [2025] 4 S.C.R. 1631 Ramyash @ Lal Bahadur v. The State of Uttar Pradesh and Another Etc. Etc. Case Law Cited Smt. Sooraj Devi v. Pyare Lal and Another [1981] 2 SCR 485 : (1981) 1 SCC 500; Naresh and Others v. State of Uttar Pradesh (1981) 3 SCC 74 – referred to. List of Acts Code of Criminal Procedure, 1973; Penal Code, 1860. List of Keywords Section 362 of Code of Criminal Procedure, 1973; Court not to alter judgment; Correction application; Clerical or arithmetical error; Earlier judgment; Previous judgment; Modification of first judgment; Conviction under Section 302 IPC converted to Section 304 II IPC; Clarification of previous judgment; Correcting a clerical error; Alter or review of earlier judgment. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No(s). 1153-55 of 2021 From the Judgment and Order dated 08.02.2019 of the High Court of Judicature at Allahabad in CRLA No. 1078 and 1691 of 2015 and CRLA No. 1094 of 2016 With Criminal Appeal No. 1175 of 2021 Appearances for Parties Advs. for the Appellant: Narender Singh Yadav, Ashutosh Yadav, Surjeet Singh, Dr. Amardeep Gaur, Dr. Nbv Srinivasa Reddy, Vishal Tiwari, M/s. V. Maheshwari & Co. Advs. for the Respondents: Vishnu Shankar Jain, Shaurya Krishna, Dr. Sushil Balwada, Nagendra Singh, Dr. Sanjay Gupta, Naman Raj Singh, Mohit Kumar Singh, M/s. V. Maheshwari & Co., Mrs. Nanita Sharma, Ms. Aswathi M.K. 1632 [2025] 4 S.C.R. Supreme Court Reports Judgment / Order of the Supreme Court Judgment B.R. Gavai, J. 1. These criminal appeals challenge the judgement and final order dated 8th February 2019 passed by the Division Bench of the Allahabad High Court in Criminal Misc. Correction Application No. 2 of 2019 which had been preferred by the accused persons namely, Bhupendra Singh, Moti Lal and Prahlad. 2. The Correction Application purportedly sought a clarification of a previous judgment and final order passed by the Division Bench of the High Court on 21st May 2018,1 by which the High Court had dismissed the criminal appeals preferred by the accused persons and had affirmed the judgment passed by the Court of Additional Sessions Judge, Court No.4, Jaunpur in Sessions Trial No. 277 of 20122 wherein the trial court had convicted the accused persons for the offences punishable under Sections 302 and 323 read with 34, and Sections 452, 504 and 506 of the Indian Penal Code, 18603 and sentenced them to suffer imprisonment for life. 3. Subsequently however, the High Court by way of
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