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(x) of Section 4 and Section 7 of the Portection of Civil Rights Act, 1955 is dismissed."

By the second order the papers were directed to be placed before the Chief Justice for the appeal to be placed before another judge under Section 392 of the Code of Criminal Procedure. This order was in the following terms:

"As there is a difference of opinion between us regarding Government appeal no.1573 of 1981 filed against the acquittal of Dan Singh, Inder Singh, Ram Singh son of Parvat Singh, Trilok Singh son of Hayat Singh, Jeet Singh, Kishan Singh, Smt. Rajmati, Smt. Jaintuli Devi, Smt. Jhapri Devi and Smt. Mane Devi respondents, we direct that the appeal filed against them along with our opinion shall be placed before Hon'ble the Chief Justice for being laid before another Hon'ble Judge under Section 392 Cr.P.C."

The appeal was then heard by V.P. Mathur, J. who agreed with the opinion of Katju, J. As a result thereof final order was passed on 19th May, 1988 which is as follows;

" In view of the opinion of the third Judge under Section 392 Cr.P.C. the Government Appeal against the acquittal of Dan Singh, Inder Singh, Ram Singh son of Parvat Singh, Trilok Singh son of Hayat Singh, Smt. Rajmati, Smt. Jaintuli Devi, Smt. Jhapari Devi and Smt. Mana Devi is dismissed. The Government Appeal against the acquittal of Jeet Singh and Kishan Singh accused is allowed in part. They are convicted under Section 325/34 I.P.C. and sentenced to five years rigorious imprisonment. Dan Singh, Inder Singh, Ram singh son of Parvat Singh, Trilok singh son of Hayat Singh, Smt. Rajmati, Smt. Jaintuli Devi, Smt. Jhapari Devi and Smt. Mana Devi respondents are on bail. They need not surrender. Their bail bonds are discharged.

In our opinion there is no merit in the aforesaid contention. As is evident from the bare perusal of Section 392 of the code of Criminal Procedure, 1973, which is as follows:

" Procedure where Judges of Court of Appeal are equally divided
- When an appeal under this Chapter is heard by a High court before a Bench of Judges and they are divided in opinion, the appeal with their opinions, shall be laid before another Judge of that Court, and that Judge, after such hearing s he thinks fit, shall deliver his opinion and the judgment or order shall follow that opinion; Provided that if one of the Judges constituting the Bench, or, where the appeal is laid before another Judge under this section, that Judge, so requires, the appeal shall be re-heard and decided by a larger Bench of Judges."

According to this section if there is a difference of opinion amongst the judges of the Bench, then their opinions are laid before another judge. It is only after the third judge gives his opinion that the judgment or order follows. it is clear from this that a judgment or order which can be appealed against, under Article 136 of the constitution, is only that which follows after the opinion of the third judge has been delivered. What B.N. Katju and Rajeshwar Singh, JJ. wrote was not their judgments but they were their opinions. Due to disagreement amongst them, Section 392 of the Code of Criminal Procedure required the appeal as a whole was then required to be laid before the third judge (V.P. Mathur, J. in this case) whose opinion was to prevail. the first order of 15th April, 1987 was clearly not contemplated by Section 392 of the Code of Criminal Procedure and is, therefore, honest.