third Judge, either under Section 370 ( Sec. 378 old) or under Section 392 (old Section 492) of Cr.P.C ., the third Judge should bring ... Section 429 of the Criminal Procedure Code, 1898. Section 429 of the Old Cr.P.C . read as under :
"429. Procedure where Judges
first
introduced in Section 429 of the Code of Criminal Procedure
1898. Section 429 of the Code of Criminal Procedure 1898 is
to following effect ... clause 402. Section 392
reproduces the proviso as amended by the Committee. Section
392 of the Code of Criminal Procedure as enacted
appeal to be placed
before another judge under Section 392 of the Code of
Criminal Procedure. This order was in the following terms ... evident from the bare perusal of Section
392 of the code of Criminal Procedure, 1973, which is as
follows:
" Procedure where Judges of
Court
referred to a third
Judge, Prasad, J. under Section 392 of the Code of Criminal
Procedure (for short, the 'Code') who by judgment ... were their
opinions. Due to disagreement
amongst them, Section 392 of the
Code of Criminal Procedure required
the appeal as a whole to be laid
Chief justice for the decision, under the provisions of section 392 , Criminal Procedure Code, 1973 because the Division Bench comprising Hon'ble Barkat ... Chief Justice under the provisions of section 392 Cr.P.C. To deal with the case of Pankaj Kumar Gupta and Atul Pandey alias Babloo
larger Bench of Judges."
5. The scope of provision under Section 392 CrPC has fallen for
consideration before ... under Section
302 / 34 of the IPC. The third Hon'ble Judge to whom the
matter was referred under Section 370 / 392 CrPC
before the First Bench referring to Section 392 of the Criminal Procedure
Code.
By order dated 18th September, 2008, the Hon'ble The Chief ... dealing with the scope of a reference under Section 392 of the Code of
Criminal Procedure, Mr. Basu referred to the decisions in the case
brother Judges, the appeal was laid before me under section 392 , Criminal Procedure Code.
2. The facts briefly are that on 21.12.1992 one Naresh Chandra ... third Judge when an appeal is referred to him under section 392 , Cr.PC. on account of difference of opinion between the two Judges
Section
201 read with Section 34 of the IPC and further that there is no
case for enhancement of sentence for offence under Section ... nature.
Reference
is made under Section 392 of the Code of Criminal Procedure which
provides as under :
392.
Procedure where Judges of Court of Appeal
doing so. We are unable
to accept the contention raised. Section 392 Cr.P.C. lays down that
when an appeal under Chapter XXIX ... Constitution Bench held that
Section 429 Code of Criminal Procedure, 1908 (which is same as
Section 392 Code of Criminal Procedure, 1973) contemplates that
