https://indiankanoon.org/doc/1528936/#:~:text=When%20an%20appeal%20is%20being,Lordships%20of%20the%20Supreme%20Court.

13. If the High Court hears the appeal against acquittal after the appeal by the accused against conviction has been heard and decided by the same High Court, that would not amount to contravention of Section 403 Cri. Pro. Code. When an appeal is being heard, the accused is not being re-tried. The hearing of the appeal is merely a continuation of the trial as observed by Their Lordships of the Supreme Court. In Sm. Kalavati v. State of Himachal Pradesh, AIR 1953 SC 131 at p. 133 Their Lordships observed :

  "An   appeal   against   an   acquittal      wherever

such is provided by the procedure is in substance a continuation of the prosecution."

That after a trial and conviction, an appeal is heard does hot mean that the accused is being tried again. The learned Judges of the Punjab High Court observed that strictly speaking neither Article 20 of the Constitution nor Section 403 Cri. Pro. Code would apply to a case where the appeal against acquittal is being heard. But they observed that the principle which is embodied in Illustration (d) to Section 403 Cri. Pro. Code is of the utmost importance. Illustration (d) to Section 403 Cri. Pro. Code is as follows :

“A is charged before the Court of Sessions and convicted of the culpable homicide of B. A may not afterwards be tried on the same facts for the murder of B.”

It is difficult to see what is the principle involved in the illustration which is not found in the words of the illustration. The illustration clearly applies to a second trial and not to an appeal after a trial. It is difficult to agree with the following observations of Grover, J., on page 241:

“This illustrates the principle which is firmly established in England as well as America that where a person has been convicted for an offence by a Court of competent jurisdiction, the conviction is a bar to all further criminal proceedings for the same offence.”

If these observations are correct, then an accused person cannot file an appeal against his conviction and the State cannot file a revision application for the enhancement of the sentence.