STATE OF MAHARASHTRA Vs. VALI MOHAMMAD

JUDGEMENT

(1.) VALI Mohammad Jan Mohammad was tried before the additional Sessions Judge, Aurangabad, for the murder of the Mohabbat and was convicted under Section 302 I. P. C. and sentenced to death. When the papers were submitted to this Court for confirmation of the sentence to death. When the papers were submitted to this Court for confirmation of the sentence of death, the case was heard along with the appeal filed by the accused, Criminal Appeal No. 899 of 1968 A division Bench of this Court (Tarkunde and Gatne, JJ.) have confirmed the conviction in appeal but have referred a question of law as regards the sentence to be imposed in such cases. The question arises in view of a conflict of decisions in this Counts, the question referred is as follows:-

(2.) THE difference of view arises form the amendment of Section 367 of the Code of Criminal Procedure by Central Act XXVI of 1955 which came into force on the 1st of January 1956. The present Sub-section (5) of Section 367 is radically different and does not concern itself with the subject with which we are dealing. When the amendment was made the entire sub-section (5) as it then stood was dropped by the Amending Act and a new sub-section (5) on an entirely different subject was substituted.

(3.) SUB-SECTION (5) of Section 367 as it originally stood was as follows;-