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
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
sentence passed against the appellant under Section 376
read with Section 511 of Indian Penal Code for having made an attempt
to commit rape ... appellant on both the counts. Therefore,
the case was referred under Section 392 Cr.PC to a third Judge who
after hearing the parties
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
under Section 27 of the Arms
Act, 1959 and against one of the appellants, namely, Karam
Singh a further charge under Section 302 IPC (simpliciter ... laid before another
learned Judge of the Court in accordance with Section 392
Cr.P.C. The learned Judges affirmed the convictions and
sentences recorded
under Section 302 and Section 376(2)(f) of Indian Penal Code.
The trial Court sentenced the appellant to death under Section 302 IPC ... under Section 366
Cr.P.C., the appellant preferred an appeal putting in issue his conviction
and sentence. The criminal reference and the criminal appeal
heard by a larger Bench, in view
of the requirement under Section 392 of Cr.PC.
23. The detailed procedure would clearly show the seriousness
particular reference to the provisions contained in
Sections 367 to 371 Cr.P.C. Under Section 367 , Cr.P.C., when
Reference is submitted before ... jurisdiction vested in it under Section
366(1) Cr.P.C. read with Sections 368 to 370 and 392 , Cr.P.C. in
letter
