Law: Criminal Procedure Code (V of 1898)

Section: 374,375,376,419,420,422,423,366(2)

Law: Penal Code (XLV of 1860)

Section: 302

(a) Criminal Procedure Code (V of 1898), Ss. 374, 375, 376, 419, 420, 422, 423 & 366(2)-Conviction for murder under S. 302, P. P. C.-Reference under S. 374 and appeal against conviction- Convict-appellant escaping from judicial custody pending reference and appeal-High Court whether not competent to dispose of appeal and reference in absence of absconding convict-Penal Code (XLV of 1860), S. 302.   A person was convicted and sentenced to death for murder on charge under section 302, Penal Code, 1860. A reference under section 374 of the Criminal Procedure Code, 1898, for confirmation of death sentence, was made to the High Court and the convict after having given power of attorney to a person to file appeal against his conviction escaped from judicial custody. At the time of hearing of his appeal and disposal of the reference under section 374 of the Criminal Procedure Code, 1898 it was urged that the sentence of death passed on the convict should not be confirmed in his absence:   Held, there was no provision in the Criminal Procedure Code, 1898 forbidding the confirmation of a death sentence by the High Court passed on a convict by the Court of Session merely because he is hiding or has removed himself successfully out of the reach of law for the time being. The provisions of sections 374, 375, 376 and 379 of the Criminal Procedure Code, 1898 make it clear that for the completion of the process of confirmation of the death sentence or making any incidental or other order in that behalf, the presence of the convicted person is not necessary, unless it is directed by the High Court for any further inquiry under section 375, and that there are no limitations whatsoever on the High Court to finalize the matter of confirmation except that it has to wait till the time provided for appeal has expired or if an appeal has been filed, till it is disposed of.   Under the law, as contained in sections 422 and 423 of the Code, notice of hearing of appeal has to be given to the appellant or his Pleader, and where the records have been sent for after hearing the appellant or his Pleader, if he appears, the Court may dismiss the appeal or accept it or pass…