ABDUL GAFUR Vs. GOVT. OF TRIPURA
HIGH COURT OF GAUHATI
Govt. Of Tripura
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Sen Gupta, J.C. -
(1.) THIS is an application for a certificate under Article 134(1)(c) of the Constitution of India that the applicant's case was a fit one for appeal to the Supreme Court.
(2.) THE petitioner was convicted on a charge under Section 302, I.P.C. by the Sessions Judge of Agartala, agreeing with the opinion of two of the three Assessors who aided him in the trial, sentencing him to transportation for life. The petitioner appealed against his conviction and the appeal was dismissed and on revision by this Court, in exercise of the powers under Section 439, Criminal P.C. the sentence was enhanced to one of death. The present petition is aimed against the dismissal of the appeal as well as the enhancement of the sentence. The grounds on which the certificate is prayed for are practically the following:
1. That this Court was wrong in admitting in evidence under Section 428, Criminal P.C. the statement of the petitioner which was not tendered, under Section 287, Criminal P.C. by the prosecution and read as evidence before the Sessions Judge.
2. That the Court was wrong in not drawing an adverse conclusion against the prosecution case on account of the non -production of some witnesses, under the provision of Section 114 of the Indian Evidence Act, and
3. That both the Sessions Court as well as this. Court were wrong in believing the evidence of the witnesses which led to the conviction of the petitioner.
(3.) WITH regard to point (1) this Court had already discussed the matter in its Order No. 7 dated 16.3.51 in the record of the appeal (Criminal Appeal No. 1 of 1951) where this Court had already noticed that the procedure followed by the Court would not prejudice the petitioner in any way.;
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