In Re: Bojji Reddi and Others

Burn, J.—As Waller, J., observed in Pachaimuthu, In Re: Pachaimuthu alias Chinnapayyan and Others, , we must decline to accept the reference which is premature. The learned Sessions Judge is bound to dispose of the case in so far as the offences triable with the aid of assessors are concerned. He is not competent to refer the case of those offences to this Court, nor can his reference give this Court'' jurisdiction to dispose of them. Moreover from his letter of reference it would appear that the learned Sessions Judge is not prepared to express disagreement with the verdict of the jury so far as the first and the second accused are concerned. If that be so, the learned Sessions Judge must dispose of the case as against them. He cannot refer to this Court u/s 307 of the Criminal Procedure Code the case of anybody in regard to whom he is in agreement with the verdict of the jury. The case will therefore go back to the learned Sessions Judge for disposal according to law. We, may add that we have consulted the learned Public Prosecutor and he has said that if this reference had come up for disposal today, he would not have been able to contend that the verdict of the jury is in any way perverse or unreasonable or against the weight of the evidence.