V P JOHNNY Vs. STATE

JUDGEMENT

(1.) This is an application for grant of a certificate that this is a fit case to appeal to the Supreme Court under Article 134(1)(c) of the Constitution. The applicant was tried for the offence of murder under Section 302, of the Indian Penal Code by the Additional Sessions Judge, Margao. He was convicted for murder and sentenced to the lesser penalty of imprisonment for life. The appeal preferred to this Court was after being heard on merits, dismissed, and the conviction and sentence, maintained.

(2.) Shri Lobo, learned advocate appearing for the applicant, has raised some minor points in support of this application. However, all these points were points of fact as they related to the appreciation of evidence by the trial Court or by this Court and hence I need not consider them at all in the present application. The only point which merits consideration and which was strenuously argued by Shri Lobo was that in the trial Court some of the eye-witnesses to the incident were not examined that the non-examination of the eye-witnesses has resulted in the breach of the well-settled principle by the Supreme Court and High Courts that at the eye-witnesses should be examined by the prosecution that the breach of this well-laid down principle is therefore a substantial point of law and that therefore this is a fit case for the issuance of a certificate by this Court under Article 134(1)(c).

(3.) Before I dwell upon the point raised by Shri Ataide Lobo. I would like to consider the case law on the granting of a certificate. The Supreme Court in a number of decisions have laid down certain principles before a certificate of fitness is granted. The Supreme Court has laid down that the word "certify" is a strong word that it postulates exercise of judicial discretion by the High Court and the certificate should ordinarily show on the face of it that the discretion was invoked and properly exercised. It has been well-laid down that no question of fact of whatever importance should be made a ground for the granting of a certificate and thereby render the Supreme Court an ordinary court of appeal. The High Court is expected to exercise its discretion in granting certificates sparingly and with care. Unless there is some error of a fundamental character certificates are not expected to be granted. The case must involve a substantial question of law, a question of law of general public importance or of great private importance or a question of law which has not been settled by the Supreme Court and an authoritative decision on the point of law in view of the conflicting decisions of the High Courts is necessary. This is not intended to be an exhaustive list. But in short it may be said that the certificate would not be granted unless there are exceptional and special circumstances.