EMPEROR Vs. SHERA

JUDGEMENT

(1.) The following question has been referred by a Bench of two Judges, who were considering a reference under Section 307, Criminal P.C., where the Sessions Judge had referred the matter because he disagreed with the verdict of acquittal by the jury: Where a jury has given its verdict on the facts of the case, is it open to this Court to revise that verdict on a reference by the trial Judge made under Section 307, Criminal P.C., where it is not alleged that there has been any misdirection by the Judge or any misunderstanding by the jury of the law as laid down by the Judge.

(2.) The reason for the appointment of the Full Bench constituted to answer that question is given in the opinion delivered by the two Judges. They felt a difficulty owing to the presence of the word "subject thereto" in Section 307, Criminal P.C., referring, as these words undoubtedly do, to the powers which a High Court, may exercise on an appeal. Finding that in hearing an appeal, an appellate Court is governed by the provisions of Sub-section 2, Section 423, Criminal P.C., which provides that the Court shall not alter or reverse a verdict of a jury, unless it is of opinion that it is erroneous owing to a misdirection by the Judge, or to a misunderstanding on the part of the jury of the law as laid down, they felt a grave doubt as to whether a High Court, to which a case is referred under Section 307, Criminal P.C., could arrive at a decision other than the verdict of the jury on a question of fact, unless one or other of these conditions had been fulfilled.

(3.) The first point to be observed is that the High Court sitting under Section 307, Criminal P.C., is not sitting as a Court of appeal, and in strict phraseology, is not asked to reverse or alter the verdict of a jury.