The Sessions Court Acquitted Him In 2018. He Now Stands Convicted.
The State's appeal has succeeded. The accused is convicted of murder, attempted murder and mischief by fire — and the High Court has fixed a date to hear him on sentence.
The Court allowed the State's appeal, set aside the acquittal of 28 April 2018 and convicted the accused under Sections 302, 307 and 436 of the Penal Code. Under Section 386(a), an appellate court that finds an acquitted person guilty must pass sentence according to law — and should adjourn to a suitable date and hear the convict before doing so. The accused was directed to be produced for that hearing.
- Section 386(a) is the power — reverse the acquittal, find guilt, and sentence according to law.
- The convict is heard on sentence, on a date fixed for the purpose, not in the same breath as the conviction.
- Three offences — murder, attempt to murder, and mischief by fire.
- The Legal Services Committee was involved in ensuring he was present for the sentence hearing.
- Court
- High Court of Karnataka at Bengaluru
- Bench
- Justice H.P.SANDESH, Justice B.PRAMOD
- Citation
- Criminal Appeal No. 1310 of 2018
- Case
- Criminal Appeal No. 1310 of 2018
- Decided
- 29 August 2026
- Outcome
- State's appeal allowed; acquittal set aside and accused convicted
The power the Court exercised
Section 386(a) of the Code provides that in an appeal from an order of acquittal the appellate court may reverse the order and direct that further inquiry be made, or that the accused be retried or committed for trial, or find him guilty and pass sentence on him according to law.
Where the court hearing the appeal finds the accused guilty, it is required to pass sentence according to law.
And how it must be exercised
The appellate court, which includes the High Court, should in a given scenario, while recording a conviction after reversing an acquittal, adjourn the matter to a suitable date, hear the convicts, and impose an appropriate sentence itself.
That is what the Court did: the appeal was allowed, the judgment and order of acquittal of 28 April 2018 passed by the Third Additional Sessions Judge, Mysuru, was set aside, and the accused convicted for offences punishable under Sections 302, 307 and 436 of the Penal Code.
The High Court Legal Services Committee and its counsel, and the Special Public Prosecutor, were directed to intimate the Investigating Officer to keep the accused present before the Court on 3 September 2026 to be heard on sentence.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
Can a High Court convict someone the trial court acquitted?
Yes, under Section 386(a) of the Code, and it must then pass sentence according to law.
Is the person heard before being sentenced?
Yes. The Court adjourns to a suitable date and hears the convict on sentence.
Appearing where an acquittal may be reversed
- Prepare the sentence case in parallel with the merits; it may be needed within days.
- Ask for the separate hearing on sentence expressly — it is the convict's opportunity, and the Court will fix a date.
- Arrange the accused's production through the Legal Services Committee where he is not in custody.
- Have mitigation material ready: antecedents, age, dependants and conduct since the acquittal.
Source. High Court of Karnataka at Bengaluru, Criminal Appeal No. 1310 of 2018, decided 29 August 2026 by Justice H.P.SANDESH, Justice B.PRAMOD. This explainer is written from the judgment text as reported.
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