A.M. Ahmadi ORDER
A.M. Ahmadi, J.
1. Special leave granted.
2. The seven appellants before us were convicted by the learned Additional Sessions Judge, Sonepat on three counts and sentenced as under:
(a) rigorous imprisonment for one year under Section 148, I.P.C.;
(b) rigorous imprisonment for six months under Section 323/149, I.P.C.; and
(c) imprisonment for life and a fine of Rs. 200 under Section 302/149, I.P.C.
All the said substantive sentences were directed to run concurrently.
3. The seven appellants preferred an appeal against the order of conviction and sentence passed by the learned Trial Judge. The High Court while dismissing their appeal clarified that their convictions were on six counts and altered the fine awarded under Section 302/149, I.P.C. from Rs. 200 to Rs. 5,000 in respect of each appellant per count, i.e. Rs. 30,000 per appellant. Being aggrieved by this enhancement of fine the appellants have preferred this appeal limited to the question of this enhancement only.
4. Section 374 of the CrPC ('the Code' hereinafter) provides for appeals from conviction by a Sessions Judge or an Additional Sessions Judge to the High Court. Section 377 entitles the State Government to direct the Public Prosecutor to present an appeal to the High Court against the sentence on the ground of its inadequacy. Sub-section 3 of Section 377 says that when an appeal has been filed against the sentence on the ground of its inadequacy, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause the accused may plead for his acquittal or for the reduction of the sentence. Admittedly no appeal was preferred by the State Government against the sentence imposed by the High Court on the conviction of the appellants under Section 302/149, I.P.C. Section 378 provides for an appeal against an order of acquittal. Section 386 enumerates the powers of the appellate court. The first proviso to that section states that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement. Section 397 confers revisional powers on the High Court as well as the Sessions Court. It, inter alia, provides that the High Court m........