Law: Criminal Procedure Code (V of 1898)

Section: 307(3),428

(a) Criminal Procedure Code (V of 1898)---   -----Ss. 307 (3) Reference under S. 307-Failure of High Court to consider entire evidence on record-Violation of provisions of S. 307 (3)-Powers and duties of High Court under section-Criminal Procedure Code (V of 1898), S. 428.   The powers of the High Court in dealing with a reference under section 307 of Criminal Procedure Code are contained in subsection (3) of the said section. The High Court may exercise any of the powers which it might exercise upon an appeal, and this includes the power to call fresh evidence conferred by section 428 of the Criminal Procedure Code. The Court must consider the whole case and give due weight to the opinions of the Sessions Judge and jury, and then acquit or convict the accused. The paramount consideration in the High Court must be whether the ends of justice require that the verdict of the jury should be set aside. In general, if the evidence is such that it can properly support a verdict either of guilty, or not guilty, according to the view taken of it by the trial Court, and if the jury take one view of the evidence and the Judge thinks that they should have taken the other, the view of the jury must prevail, since they are the Judges of fact. In such a case a reference is not justified, and it is only by accepting their view that the High Court can give due weight to the opinion of the jury. If, however, the High Court considers that upon the evidence no reasonable body of men could have reached the con clusion arrived at by the jury, then the reference is justified and the ends of justice require that the verdict be disregarded. It is incumbent on the High Court when the reference is heard by it to consider the entire evidence and come to its own conclusion whether the evidence is such that it could properly support the verdict of guilty against the accused.   Where, therefore, the High Court only considered the arguments in regard to the defect in the charge to the jury addressed before it by the counsel for the accused and did not consider the entire evidence which was on the record before it.   Held, that in doing so the High Court was clearly in…