Goswami, J. - (1.) This appeal on certificate under Article 134 (1) (c) of the Constitution is from the judgment of the Madhya Pradesh High Court. The certificate was granted as the High Court thought that the appellants were entitled, as of right, to a grant of certificate in view of Section 2 of the Supreme Court (Enlargement of Criminal Appellate Juristion) Act, 1970 (briefly the Act).
(2.) The High Court is not right in holding that a certificate is necessary under Article 134 (1) c) of the Constitution if the appellants have a right of appeal under Section 2 of the Act. It will therefore be necessary to consider whether the appellants are entitled, as of right, to appeal to this Court under Section 2 of the Act.
(3.) Section 2 of the Act reads as follows:- 2. Without prejudice to the powers conferred on the Supreme Court by Cl. (1) of Art. 134 of the Constitution, an appeal shall lie to the Supreme Court from any judgment, final order of sentence in a Criminal proceeding of a High Court in the territory of India if the High Court- (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to imprisonment for life or the imprisonment for a period of not less than ten years; (b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to imprisonment for life or to imprisonment for a period of not less than ten years. It is clear that if on appeal against an order of acquittal the High Court sets aside the acquittal and convicts an accused and sentences him to imprisonment for life or to a period of not less than ten years, the accused is entitled, as of right, to appeal to this Court under Section 2 (a) of the Act.;