Judgement

BHAGWATI J. - The appellants Nos. 2 and 3, who are the surviving appellants after the death of appellant No.1 during the pendency of this appeal were charged with having committed offences under Ss. 435 & 436, Penal Code, and were tried by the second Assistant Sessions Judge of Saran, Chapra, with the aid of a jury. The jury returned a majority verdict that both of them were guilty of the offence under those sections. The Assistant Sessions Judge disagreed with the said verdict and made Court a reference to the High Court of Judicature at Patna under S. 307, Criminal P.C. The said reference was heard by a Division Bench of that High Court. The learned Judges of the High Court overruled the contentions which were urged before them in regard to the charge to the jury being defective and further hold that the reference was, in the circumstances, not competent. They, however, without anything more accepted the majority verdict and held the appellant guilty of the offences under Ss. 435 & 436, Penal Code, and sentenced them to six months rigorous imprisonment each. The appellants obtained from this court special leave to appeal under Art. 136 of the Constitution and hence this