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ORDER OF THE COURT ON REVISION
The matter before us is rather unusual. It is a certificate lodged by the Attorney General under section 379 (5A) of the Criminal Procedure Code seeking revision of a sentence meted out against the respondents for the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code. There is also a notice of motion filed on behalf of the respondents seeking to strike out the certificate filed by the Attorney General on the grounds that it was filed out of time and that it was incompetent in law. Both applications were heard concurrently.
Section 379 (5A) which is invoked by the Attorney General provides as follows:-
“Where the Attorney General certifies that a sentence passed by the High Court in the exercise of its original jurisdiction should be reviewed by the Court of Appeal, the Court of Appeal may, after giving the accused person or his advocate an opportunity of being heard make such order by way of enhancement of sentence o…