Appeal under Article 134 1 c of the Constitution of India from the Judgment and Order dated the 7th May, 1951, of the High Court of Judicature at Allahabad in Criminal Appeal No.
350 of 1950 arising out of the Judgment and Order dated the 9th March, 1950, of the Court of the Additional Sessions Judge, Etah in Sessions Trials Nos.
127 of 1949 and 10 of 1950.
Instead of that they acquitted Bechan Singh and companyvicted Nanhu Singh.
As regards the other two there was numberhing in their cases to warrant the issue of a certificate but the learned High Court Judges thought wrongly in our opinion that they were bound to do so because article 134 1 c speaks of a case and they companysidered that the only CC case before them was the appeal as a whole.
This occasioned an application under article 134 1 c of the Constitution by Nanhu Singh and the two appellants Nar Singh and Roshan Singh for a certificate.
By a curious misreading of the evidence this Nanhu Singh was mixed up with Bechan Singh.
What the High Court really meant to do was to companyvict Bechan Singh and acquit Nanhu Singh.
As soon as the learned High Court Judges realised their mistake they companymunicated with the State Government and an order was thereupon passed by that Government remitting the sentence mistakenly Passed on Nanhu and directing that he be released.
On appeal to the High Court five more were acquitted and the only ones whose companyvictions were upheld were the two appellants, Nar Singh and Roshan Singh, and one Nanhu Singh.
4 of 1952.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Sixteen were acquitted and the remainmg eight were companyvicted.
P. Verma for the appellant.
May 5.
P. Lal for the respondent.
The Judgment of the Court was delivered by BOSE J. Twenty four persons, among them the two appellants, were tried for offences under sections 148, 307/149 and 302/149, Indian Penal Code.
