Section 190

In all cases where the accused is charged with an offence in respect of which punishment of death is authorised by law and in any other case or class of case as the Chief Justice shall prescribe on the application of the Attorney General, the accused shall be tried by a court consisting of two

Judges of the High Court, one of whom shall be the presiding Judge.

The decision of the Court as to the guilt of the accused in respect of such a charge shall be arrived at unanimously and where the decision is that the accused is guilty, judgment shall be entered accordingly and the Court shall proceed to pass sentence on the convicted person according to law.

Where the two Judges fail to reach an unanimous decision as to the guilt of an accused, he shall not be convicted of that offence but may, if the two Judges agree, be convicted of any lesser offence of which he could have been charged based on the same facts:

Provided that where the failure to reach an unanimous decision as to the guilt of the accused rests on the ground that one of the two Judges has made a special finding under section 320, the accused shall be dealt with in accordance with section 32 1.

Except as provided in this section, upon all questions relating to procedure and the admission or rejection of evidence in the course of a trial under this section, the presiding Judge shall have a casting vote in the event of disagreement between the two Judges.

For the purposes of this section, a Judge of the Intermediate

Courts is deemed to be a Judge of the High Court:

Criminal Procedure Code

CAP. 7 125

Provided that -

It shall not be open to the accused, either at the trial or on any appeal or other proceeding, to argue that a Judge of the Intermediate Courts is not competent to sit by reason only of the fact that such Judge has been appointed as a Deputy Public Prosecutor.