BABU AND 3 OTHERS vs STATE OF UTTAR PRADESH

The Supreme Court held that under Section 429 of the Code of Criminal Procedure, the third Judge is free to resolve differences as he sees fit, and his decision does not require extensive discussion of the First Information Report. The Court clarified that a certificate of fitness for appeal under Article 134(1)(c) must involve substantial questions of law, and the High Court should be cautious in granting such certificates. The Court also stated that the imposition of a death sentence should not be treated as a rule when there is a difference of opinion between two judges on sentencing, emphasizing that each case must be evaluated on its own merits.