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Head Note

Indian Penal Code,1860  - Section 302 , Section 376 , Section 511 , The Code of Criminal Procedure, 1973  - Section 392 , Section 366 (1) , Section 368 , Section 369 , Section 370

Commutation of death sentence - Death sentence awarded by trial Court in murder case and rape case - Reference made to High Court under Section 366(1) Criminal Procedure Code for confirmation - High Court on prayer of accused commuted death sentence to life imprisonment by taking sympathetic view without considering the murder reference on merits - Held - (i) High Court shirked its responsibility to decide the Reference in accordance provisions of Criminal Procedure Code (Sections 366 to 370 and 392) and cut short process of Reference. (ii) Judgment of High Court set aside and matter remitted back to the High Court for deciding the Reference under Section 366 Criminal Procedure Code in the manner it ought to have been decided.

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