RANJHA Vs. STATE

JUDGEMENT

(1.) RANJHA was convicted under Section 302, I. P. C., by the learned Sessions Judge, Mahasu on 21 4 1951 for the murder of one Durga and sentenced to death. On an appeal by him and submission of the proceedings by the Sessions Judge, his appeal was dismissed and the sentence of death was confirmed by "this Court on 27 6 1951. Ranjha nas now applied from jail for a certificate under Article 134(1)(e). Constitution of India, that the case is a fit one for appeal to the Supreme Court.

(2.) THE application submitted from jail contains no ground taut the learned counsel appearing for Ranjha has urged three points in support of the application, namely, (1) that this Court consisting as it does of only one Judge had not the power to confirm the sentence of death, (2) that the trial of the applicant in the sessions Court was prejudiced by Laldin having been produced as a prosecution witness and (3) that there was no proper compliance with the provisions of Section 342, Criminal Procedure Code, in the Sessions Court.

(3.) THERE appear to me to be three obvious objections to the tenability of the above argument. Firstly, there is nothing to show that fie procedure provided by Article 368 was not followed in passing the said 1950 Act. Secondly, it was a case of exception and not of modification since all that Section 6(a) of the 1950 Act laid down was that Article 216 shall not apply to this Court. Thirdly, the said exception under Section 6(a) of the 1950 Act was made under and by virtue of one of the provisions of the Constitution itself, namely, Article 241(2), and no part of the Constitution was thereby amended.