Subhash v. State of U.P (1976) 3 SCC 629

Before referring to the evidence in the case, it has to be mentioned that the High Court had before it not only the appeal filed by the accused but also a reference made by the Sessions Court for confirmation of the capital sentence under section 374 of the Code of Criminal Procedure. Time and again, this Court has pointed out that on a reference for confirmation of the sentence of death, the High Court is under an obligation to precede in accordance with the provisions of sections 375 and 376 of the Criminal Procedure Code. Under these sections, the High Court must not only see whether the order passed by the Sessions Court is correct but it is under an obligation to examine the entire evidence for itself, apart from and independently of the Sessions Court's appraisal and assessment of that evidence.