Decided on August 09,1955

RAMA Appellant
STATE Respondents


Samvatsar, J. - (1.) THIS is a petition under Article 134, Constitution of India, for a certificate that our decision in Criminal Appeals Nos. 56 of 1954 and 118 of 1954, is fit one for further appeal to the Supreme Court.
(2.) THE Petitioner Rama S/o Dewa was tried by the Sessions Judge, Ujjain on the charge of murder of one Dewa by a gun shot. The learned Judge however found him guilty under Section 304 Pt.1 I. P. C. and sentenced him to rigorous imprisonment for seven years. He filed an appeal against his conviction and sentence which was registered as Criminal appeal No. 56 of 1954. The State also filed an appeal against the acquittal of the Petitioner of the charge of murder and that appeal was registered as Criminal appeal No. 118 of 1954. As both the appeals arose out of the same incident, they were decided by a common judgment. After hearing both the parties, Criminal appeal filed by the Petitioner was dismissed whereas the appeal filed by the State was allowed and the conviction was altered to one under Section 302, I. P. C. The sentence was consequently enhanced to one of transportation for life.
(3.) THE Petitioner wants to prefer a further appeal to tire Supreme Court and has therefore applied for a certificate under Article 134 as stated above.;

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