ISSUE:
Whether the High Court is empowered to enhance the sentence given by a trial court in a suo motu manner?
Whether the recovery of dead body is required for conviction of accused in the case of murder?
RULE:
High Courts may enhance sentences of accused as empowered under Section 386(e) of the Code of Criminal Procedure, 1973 (“Code”), after giving a reasonable opportunity of hearing to the accused.
The recovery of the body of the deceased is not a condition precedent for conviction of the accused for murder.