(1.) THEIR Lordships in the Division Bench could not reach a consensus as to the degree of culpability of Nagnarayan Sinha, appellant No. 4, and therefore, by order dated 16 -1 -2013, the appeal was directed to be laid before third Judge in terms of Sections 370 and 392 of the Code of Criminal Procedure, 1973 (for short "the Code"). Order of reference reads thus : -
(2.) BY order dated 6 -2 -2013, Hon'ble the Chief Justice directed the matter to be placed before this Bench.
(3.) LAW relating to the scope of powers and jurisdiction of third Judge in reference under Section 392 of the Code is no longer res integra as the same has been settled by the Supreme Court in catena of decisions.