Section 194

In all cases where the accused is charged with an offence in respect of which punishment of death is authorised by law, 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 a unanimous decision as to the guilt of an accused charged with an offence in respect of which punishment of death is authorised by law, 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 a unanimous decision as to the guilt of the accused rests on the ground that one of the two Judges has acquitted him by reason of section 314, then the accused shall not be convicted of the offence with which he has been charged but shall be dealt with in accordance with section 315.

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.[193