The Calcutta Weekly Notes December 15 1952

The facts of the case before the Supreme Court were of the usual sort which the comes across in execution prceedings. [...] The treatment of the subject is adequate and the arrangment of the subject-matters of discusion is.iood. [...] In my humble opinion the framers of the Amending Act 26 of 1943 should have gone further and should have also amended section 374 of the Criminal Procedure Code as a corollary measure and in the fitness of subsequent proceeings by inserting a new section as setion 374A of the said Code providing that a sentence of death passed by a High Court Judge in the exercise of Original Criminal Juri [...] Thus we see in one case that a final consideration of the entire proceedings is provided by the Statute and the intetion 02 the legislature is to put a check against the decision of the Court of Session because the life of an individual is to be taken away. [...] On the other hand if for some reson or other the accused fails to prefer an appeal against the decision of the High Court Judge exercising original criminal jurisdiction he is doomed and he is baulked of the statutory consideation of the entire matter for the last Non-filing of the appeal ousts the jurisdiction of the Division Court of the High Court in finally determining the ease of the