TaxTMI 
TaxTMI 
1955 (11) TMI 33
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....gh Court to certify that the case is a fit one for appeal to this Court. It was further observed that the word "certifies" in Sub-article (1) (c) is a strong word which requires the High Court to look closely into the case to see if any special considerations arise. If a case does not involve any question of law, then however difficult the question of fact may be, that would not justify the grant of a certificate under Article 134(1) (c) of the Constitution, because if the High Court has any doubt about the facts of a criminal case, the benefit of that doubt must go to the accused. If, on the other hand, the High Court has no doubt about the guilt of the accused and confirms the order of conviction passed by the trial Court, ordinarily there could be no ground for entertaining an application for a certificate that the case was a fit one for a further appeal to this Court. Where the High Court has reversed an order of acquittal of an accused person and sentenced him to death or where it has withdrawn for trial before itself any case from any Court subordinate to it and has convicted an accused person and sentenced him to death, those cases would be covered by the provisions re....
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....apparently were on friendly terms. The appellant used to go to the room occupied by Ram Lal and his wife. The other constables were not living with their families. The prosecution case is that on the night between the 2nd and 3rd February 1954 at about 10 P.M. the appellant and Ram Lal aforesaid together left the bungalow of the D.I.G. on a cycle. Ramlal pedalled on the carrier. They proceeded towards the La Martiniere Ground, which is adjacent to the West of the D.I.G.'s bungalow with pucca roads on the north and west. There is a culvert on the pucca road running east to west on the north of the La Martiniere Ground. The appellant returned alone by about 1 A.M. the same night. The next morning one Jagat Narain, a constable of the Armed Guard, noticed the dead body of a constable lying behind the residence of Shri Hukum Singh, Minister, near the La Martiniere Ground. He informed the D.I.G. of Police. Het Ram (P. W. 1) and other inmates of the servants quarters went and saw the dead body which they identified to be that of Ramlal. It had multiple incised wounds. Het Ram lodged the first information report at 7-40 A.M. on 3-2-1954, at Hazratganj thana in the city of Lucknow. ....
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....the murder took place a few hours after the deceased had taken his night meal some time during the night of 2nd-3rd February, 1954 as alleged by the prosecution and that the karauli (Ex. XI) most likely was the weapon used for causing the multiple stab and incised wounds found on the body of the deceased. 6. At the trial the prosecution adduced no direct evidence implicating the appellant. The case therefore depended entirely on circumstantial evidence which consisted of the following facts: (1) that the deceased and the appellant were last seen going together on a cycle at about 10 P.M. on the night of the 2nd February, 1954 towards the La Martiniere Ground where the dead body was discovered the next morning; (2) that at about 1 A.M. on the 3rd February, 1954 the appellant came back alone; (3) that the investigating Sub-Inspector seized the shoes worn by the appellant (Ex. VIII), which were found to be stained with human blood as reported by the Serologist; (4) that on the search of the room occupied by the appellant from the box which was unlocked by him were recovered bloodstained khaki shirt and bloodstained pants (Exs. IX & X) which were also reported by the Ser....
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....ons of Section 103 of the Code that there should have been two independent search witnesses. But the Sub-Inspector out of abundant caution asked those two rickshaw wallahs to be present as they were the persons most easily available. The Sub-Inspector in spite of his efforts could not get any person from the Minister's quarters to be present at the projected search and most of the occupants of the servants quarters of the D.I.G. of Police were police constables or members of the armed guard. The Sub-Inspector naturally thought that the search witnesses should be persons other than constables or members of the armed guard. 9. In respect of the search of the room occupied by the appellant and the recovery of the bloodstained shirt and bloodstained pants aforesaid it was necessary to have at least two search witnesses as required by section 103. Assuming that the two rickshaw-wallahs who actually witnessed the search as found by the Courts below were not respectable inhabitants of the locality, that circumstance would not invalidate the search. It would only affect the weight of the evidence in support of the search and the recovery. Hence at the highest the irregularity ....