in charge of the jail, who shall thereupon forward such petition and copies to the proper Appellate Court 1. rejection of appeal. 421. On receiving the petition and copy under section 419 Summary or section 420, the Appellate Court shall peruse the same, and, if it considers that there is no sufficient ground for interfering, it may reject the appeal summarily provided that no appeal presented under section 419 shall be dismissed unless the appellant or his pleader has had a reasonable opportunity 2 of being heard in support of the same. : Before rejecting an appeal under this section, the Court may call for the record of the case, but shall not be bound to do so 3. 422. If the Appellate Court does not reject the appeal Notice of appeal. summarily, it shall cause notice to be given to the appellant or his pleader and to such officer as the Local Government may appoint in this behalf, of the time and place at which such appeal will be heard, and shall, on the application of such officer, furnish him with a copy of the grounds of appeal; and, in cases of appeals under section 417, the Appellate Court shall cause a like notice to be given to the accused. 423. The Appellate Court shall then send for the record of Powers of Appellate the case, if such record is not already in Court. After Court in perusing such record, and hearing the appellant or his pleader, disposing of appeal. if he appears, and the Public Prosecutor, if he appears, and, in case of an appeal under section 417, the accused, if he appears, the Court may, if it considers there is no sufficient ground for interfering, dismiss the appeal, or may (a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be retried 5 or committed for trial, as the case may be 1 Facilities, such as paper, pens, ink, and, if necessary, an amanuensis, should be given to the petitioner, 13 Suth. Cr. 69. So far as concerns the requirements of the Limitation Act, presentation to the officer in charge of the jail is equivalent to presentation to the Court, 9 Mad. 259. 2 5 Mad. 11. The powers conferred by this section should be exercised sparingly and with great caution, and reasons, Notifications under this section Judgments of subor or find him guilty and pass sentence on him according to 'law1; (b) in an appeal from a conviction, (1) reverse the finding and sentence, and acquit or discharge the accused, or order him to be retried by a Court of competent jurisdiction subordinate to such Appellate Court, or committed for trial 2, or (2) alter the finding, maintaining the sentence, or, with or without altering the finding, reduce the sentence, or (3) with or without such reduction, and with or without altering the finding, alter the nature of the sentence, but not so as to enhance the same; (c) in an appeal from any other order, alter or reverse such order; (d) Nothing herein contained shall authorise the Court to alter or reverse the verdict of a jury, unless it is of opinion that such verdict 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 by him3. 424. The rules contained in Chapter XXVI as to the dinate Ap- judgment of a Criminal Court of original jurisdiction shall apply, so far as may be practicable, to the judgment of any Appellate Court other than a High Court1 : pellate Courts. Order by High Court on appeal fied to lower Court. Provided that, unless the Appellate Court otherwise directs, the accused shall not be brought up, or required to attend, to hear judgment delivered. 425. Whenever a case is decided on appeal by the High Court under this chapter, it shall certify its judgment or order to be certi- to the Court by which the finding, sentence or order appealed against was recorded or passed. If the finding, sentence or order was recorded or passed by a Magistrate other than the District Magistrate, the certificate shall be sent through the District Magistrate. The Court to which the High Court certifies its judgment or order shall thereupon make such orders as are conformable the power conferred by sec. 307, see 9 All. 425. This clause applies only to the 417. 28 All. 14. 3 That this section does not affect 4 II Cal. 449, where a Session Judge was held bound by sec, 367, supra. to the judgment or order of the High Court; and, if necessary, the record shall be amended in accordance therewith. of sentence 426. Pending any appeal by a convicted person, the Suspension Appellate Court may, for reasons to be recorded by it pending in writing, order that the execution of the sentence or order appeal. appealed against be suspended and, if he is in confinement, that he be released on bail or on his own bond. The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of any appeal by a convicted person to a Court subordinate thereto. When the appellant is ultimately sentenced to imprisonment, penal servitude or transportation, the time during which he is so released shall be excluded in computing the term for which he is so sentenced. Release of appellant on bail. 427. When an appeal is presented under section 417, the Arrest of High Court may issue a warrant directing that the accused accused in appeal from be arrested and brought before it or any subordinate Court, acquittal. and the Court before which he is brought may commit him to prison pending the disposal of the appeal, or admit him to bail 1. Court may 428. In dealing with any appeal under this chapter, the Appellate Appellate Court, if it thinks additional evidence to be necessary, take furmay either take such evidence itself, or direct it to be taken ther eviby a Magistrate, or, when the Appellate Court is a Court, by a Court of Session or a Magistrate. dence or High direct it to When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify such evidence to the Appellate Court, and such Court shall thereupon proceed to dispose of the appeal. Unless the Appellate Court otherwise directs, the accused or his pleader shall be present when the additional evidence is taken; but such evidence shall not be taken in the presence of jurors or assessors. The taking of evidence under this section shall for the purposes of Chapter XXV be deemed to be an inquiry. be taken. 429. When the Judges composing the Court of appeal are Procedure equally divided in opinion, the case, with their opinions Appellate 11 Cal. 281 2 All. 340, 386. where Judges are thereon, shall be laid before another Judge of the same Court, equally and such Judge, after such examination and such hearing (if any) as he thinks fit, shall deliver his opinion, and the judgment or order shall follow such opinion. divided. Finality of orders on appeal. Abatement 430. Judgments and orders passed by an Appellate Court upon appeal shall be final 1, except in the cases provided for in section 417 and Chapter XXXII. 431. Every appeal under section 417 shall finally abate on of appeals. the death of the accused, and every other appeal under this chapter shall finally abate on the death of the appellant 2. Reference by Presi CHAPTER XXXII. OF REFERENCE AND REVISION 3. 432. A Presidency Magistrate may, if he thinks fit, refer dency for the opinion of the High Court any question of law which Magistrate arises in the hearing of any case pending before him, or may to High Court. give judgment in any such case subject to the decision of the Disposal of case accord High Court on such reference; and, pending such decision, may either commit the accused to jail, or release him on bail to appear for judgment when called upon. 433. When a question has been so referred, the High ing to de- Court shall pass such order thereon as it thinks fit, and shall cision of cause a copy of such order to be sent to the Magistrate by High whom the reference was made, who shall dispose of the case conformably to the said order. Court. Direction as to costs. Reserving questions arising in original jurisdic tion of High Court. The High Court may direct by whom the costs of such reference shall be paid. 434. When any person has, in a trial before a Judge of a High Court consisting of more Judges than one and acting in the exercise of its original criminal jurisdiction, been convicted of an offence, the Judge, if he thinks fit, may reserve and refer for the decision of a Court consisting of two or more 1 4 Bom. ICI. 2 The High Court may, nevertheless, call for and examine the record of the case with a view to revision and rectification, and may make such order thereon as it con siders just, 2 Bom. 564. That a Joint Sessions Judge (sec. 9) cannot exercise the powers of a Sessions Judge under this chapter, see 9 Bom. 168; and see 9 Bom. 532. Judges of such Court any question of law which has arisen in the course of the trial of such person, and the determination of which would affect the event of the trial. when question re If the Judge reserves any such question, the person convicted Procedure shall, pending the decision thereon, be remanded to jail, or, if the judge thinks fit, be admitted to bail, and the High Court shall have power to review the case ', or such part of it as may be necessary, and finally determine such question, and thereupon to alter the sentence passed by the Court of original jurisdiction, and to pass such judgment or order as the High Court thinks fit 2. served. call for re Courts. 435. The High Court 3 or any Court of Session, or District Power to Magistrate, or any Sub-divisional Magistrate empowered by cords of the Local Government in this behalf 6, may call for and examine inferior the record of any proceeding before any inferior Criminal Court situate within the local limits of its or his jurisdiction, for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of such inferior Court 8. If any Sub-divisional Magistrate acting under this section considers that any such finding, sentence or order is illegal or improper, or that any such proceedings are irregular, he shall forward the record, with such remarks thereon, as he thinks fit, to the District Magistrate. 1 Orders made under sections 143 and 144 and proceedings 2 Bom. 61. powered all its Subdivisional Magis- The District Magistrate may 8 See 2 Cal. 293: 8 Cal. 580: 24 & 25 Vic. c. 104, sec. 15. |