In Brief
In a murder case involving three brothers, the Allahabad High Court's Division Bench split on whether one brother was guilty while unanimously convicting the other two. Under Section 392 CrPC, a referee judge was appointed to break the tie. The referee judge acquitted all three, overturning the concurrent guilty findings on two brothers. The Supreme Court held that a referee judge cannot disturb unanimous findings on co-accused when reviewing a composite appeal. The Court distinguished Section 392 (1973) from its 1898 predecessor based on statutory language, noting that only the specific appeal where disagreement occurred should be referred. The judgment emphasizes judicial discipline and procedural fairness, referring the precedent Sajjan Singh v. State of Madhya Pradesh to a larger bench for reconsideration.
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