Rama Shanker Singh v. state of West Bengal , 1962, SC 1239

The sentence of death passed by the Court of Sessions in a reference under Section 374 of the Code cannot be executed unless it be confirmed by the High Court. Under section 376 Cr.P.C. The High Court dealing with a case submitted to it under section 374 (1) may confirm the sentence or pass any other sentence warranted by law, or (b) may annul the conviction, and convict the accused of any offence of which the Sessions Court might have convicted him, or order a new trial on the same or an amended charge, or may acquit the accused person.