Stone, Grille, J—This reference raises questions, the answers to which turn upon the true construction of Section 307, Criminal P.C. Owing to the full and helpful order passed by the learned; referring Judges it does not appear necessary to marshal the very numerous decisions which have been reported. These are all mentioned in the referring order with the exception of Sheoprashad v. Emperor, 1938 AIR(Nag) 394. None of them deals with the first question put. Most of them are concerned with the powers of the Court to which a criminal case is submitted where, after a jury trial, the Judge disagrees with the verdict of the jury. The majority express the view that the Court to which the case is submitted should only reach a conclusion of fact different from that contained in the jury's verdict where that verdict is perverse. The minority suggest or decide that the Court's powers are wider. It is necessary to. treat the first question as raising a point of first impression, for, as we have already observed, the reported cases do not deal with it. This makes it possible to consider the construction of the various Sections involved untrammelled by authority.

2. Some of the eases me