AIR 1965 SUPREME COURT 1467 ::1966 ALL. L. J. 44 ::1966 BLJR 61 ::1966 (1) SCJ 287 ::1965 (1) SCWR 936 ::1965 SCD 1075

Supreme Court Of India

(From Allahabad)*19th January 1965

Hon'ble Judge(s): K. N. Wanchoo, M. Hidayatullah, J. C. Shah, J. R. Mudholkar, S. M. Sikri , JJJ

(A) Criminal P.C. (5 of 1898) , S.429— Difference of opinion between two judges - Reference - Third Judge is completely free to resolve conflict as he thinks fit. Constitution of India , Art.134— @page-SC1468 Section 429, Criminal P. C. contemplates that it is for the third Judge to decide on what points he shall hear arguments, if any, and that postulates that he is completely free in resolving the difference as he thinks fit. On a difference of opinion the case was referred under S. 429 to a third Judge who agreed with Mathur, J., in dismissing the appeal. One of the points of difference was with regard to the authenticity of F. I. R. and the third Judge did not consider it necessary to discuss it and had merely stated at the end of his order that if it was necessary for him to decide the point he was in agreement with all that Mathur, J had said. Held that the decision given by the third Judge was a proper decision and, therefore, the certificate granted under Art. 134 of the Constitution could not be based upon the omission of the third judge to discuss the authenticity of the F. I. R.(Para 7) (B) Constitution of India , Art.134(1)(c)— Scope - Certificate of fitness - Dis....