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TMI Blog1955 (11) TMI 33X X X X Extracts X X X X X X X X Extracts X X X X ..... rant of a certificate under Article 134(1)(c) is not a matter of course but that the power has to be exercised after considering what difficult questions of law or principle were involved in the case which should require the further consideration of this Court. If the case as decided by the High Court of the face of it did not involve any such questions, then apparently there was no justification for the High 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idence do or do not unmistakably point to the conclusion that the accused was the guilty person. If the High Court had any doubt about the guilt of the accused or had any difficulty in accepting the evidence, its clear duty was to acquit. If, on the other hand, the High Court found, as it did find in the case in hand, that the evidence pointing to the guilt of the accused was clear, cogent and reliable, it had to dismiss the appeal. No further question of doubt or difficulty could arise thereafter. In our opinion, therefore, the High Court's order which is the last sentence in the judgment appealed from in these terms: "Leave to appeal to the Supreme Court has been asked for and is allowed" was erroneous. In the result, we must hold th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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. Sub-Inspector Ishtiaq Ahmad (P. W. 16) arrived at the spot a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al and caused by "a sharp-edged sharp pointed weapon". A number of ribs were cut and so were the pleura, the larynx, the right lung, the pericardium (membrane of the heart), the large vessels on the left side of the neck, aorta and pulmonary artery and oesophagus. The stomach contained about 10 ounces of semi-digested food. In the opinion of the doctor, death was due to "shock and haemorrhage from the extensive injuries" which "could be caused by the weapon Ex. XI shown to me". In cross-examination the doctor (P. W. 7) stated that "the wounds on the neck could also be caused by a sword. There was a very remote possibility of stab wound having been caused by a spear". 5. As pointed out by the Courts below, the deceased Ramlal was butchered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nces have been brought out in the evidence of P. Ws. 1, 6, 10 and 15, members of the constabulary belonging to the personal staff of the D.I.G. of Police, Central Range, and the investigating Sub-Inspector (P. W. 16). The Courts had therefore no doubt that the evidence consisting as it did of his fellow constables and armed guards who had no sort of enmity against the accused, was reliable. They also found that the accused had a motive for murdering the deceased person inasmuch as according to the evidence there was a liaison between him and the wife of the deceased. The learned Judges of the High Court have also pointed out that the nature of the most serious injuries, namely, those on the back part of the neck were such as could have be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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