LexTHE STATE OF ANDHRA PRADESH versus THADI NARAYANA
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1961 Seth Bikhraj Jaipuria v. Union of Indin Shah J. 1.961 July, 24; 904 SUPREME COURT REPORTS (1962] Bihf!.r, and there is no evidence on the record whe- ther orders similar to Ex.l\f-2 were issued bv the authorities in other districts of the Bihar ·state. But if the grains were supplied in the district of Arrali, the appellant could evidently not seek to rerovcr price for the goods supplied and accepted on ancl after October 1, 1943, at rates exceeding those fixed by the notification; for, by the i5sue of the control orders, on the contracts must be deemed to be snper-imposed the condition tha.t foodgrains shall he sold only at rates specified therein. If the grains were to be supplied outside the district of Arrah, the case of the appellant uffers from complete lack of evidenre as to the ruling ratrs of the foodgrains in dispute on Octo lwr I , 1943. The High Court was therefore rigltt in declining to award damages. On the view taken by us, this appeal must stand dismissed with costs. Appeal dismissed. THE STATE OF ANDHRA PRADESH v. THADI NARAYANA (P. B. GA.JENDRAGADKAR, K. N. WANCHOO and K. c. DAS GUPTA, JJ.) Criminal Appeal- -Acquittal of some charges and conviction other8--Appeal by accused against conviction-Powers of appe .. ,ate court--!/ can set aside arqu<ttal also-Code of Criminal Procedure, 1898 (V of 1898), s. 423 (I) (b). The accused was tried for offences under s. 302 and s. ~92 Indian Penal Code. The Sessions Judge acquitted her under s. 302 ands. 392 but convicted her under s. 411 Indian Penal Code. The accused appealed to the High Court against her conviction under s. 411. The State did not appeal against the acquittal nor did the High Court issue any notice to the accused under s. 439 (2). The High Court set aside the order of conviction under s. 411 as well as the order of acquittal 2 S.C.R. SUPREME COURT REPORTS 905 under s. 302 and s .. 392 and ordered a retrial on the original charges. The accused contended that the High Court had no jurisdiction to set aside the order of acquittal and to direct a retrial on the original charges. Held, that while exercising its powers under s. 423 (I) (b) Code of Criminal Procedure in the appeal against the convic- tion under s. 411 Indian Penal Code the High Court had no jurisdiction to set aside the mder of acquittal passed in favour of the accused by the Sessions Judge in respect of the offences under ss. 302 and 392 Indian Penal Code. Section 423 (I) (b) is confined to appeals against orders of conviction and sentence, and the powers exercisable under it must be restricted to the conviction and sentence. If an order of acquittal is not challenged by an appeal under s. 417 Code of Criminal Pro- cedure and if no action is taken by the High Court under s. 439 Code of Criminal Procedure the order of acquittal becomes final and cannot be challenged indirectly in an appeal by the accused against the order of conviction and sentence. It is wrong to assume that the whole case is before the High Court when it entertains an appeal against conviction. The power conferred bys. 423 (1) (b) (1) is intended to be exercis- ed in cases falling under ss. 236 to 238 Cr. P. C., and the expression "alter the finding" in s. 423 (1) (b) (2) does not include the power to alter or modify the fiqding of acquittal. Kishan Singh v. The King-Emperor, (1928) L.R. 55 I.A. 390 and Jayaram Vithoba v. The State of "Bombay, (1955) 2 S.C.R. l 049, relied on. CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 222 of 1959. Appeal by special leave from the judgm11nt and order dated February 24, 1959, of the Andhra Pradesh High Court, Hyderabad, in Criminal Revi- sion Case No. 636 of 1958. AND Criminal Appeal No. 112of1961. Appeal by special leave from the judgment and order dated July 15, 1958, of the Andhra Pradesh High Court in Criminal Appeal No. 237 of 1957. . K. R. Chaudhuri and T. M. Sen, for appellant m Cr. A. No. 222/59. P. Ram Reddv, for respondent. 1961 1.'he State of Andhra Pradesh v. Thadi Naroyana 1961 TM Stale of Andhra P~af],~h v. Thadi N a·rayana 'lajendragadkar J. 906 SUPREME COURT REPORTS [1962) P. Ram Reddy, for appellant in Cr. A. No. 112/61. Ii:. R. Cliandhun: and T. }If. Sen, for the respondent. 1961. .July 24. Tho Judgment of the Court was delivere<l by GAJENDRAGADKAR, J.-The short and inter- esting question which arises for our decision in the present a
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