- (1.) REVERSING an order of acquittal dated 16-6-1967 passed by the learned Additional Sessions Judge, Aimer, we, by our judgment dated 9-8-1971, convicted Phoolchand under Section 302 read with Section 34 of the Indian Penal Code and awarded him imprisonment for life and Shymlal under Section 201 of the same Code and sentenced him to three years' rigorous imprisonment. Phoolchand and Shyamlal have now applied for certificate under Article 134 of the Constitution of India for leave to appeal to the Supreme Court and for suspension of sentence.
(2.) WE have heard the learned Counsel for applicants and the learned Counsel for the State at some length.
(3.) IN so far as the case of Phool-chand, who has been sentenced to imprisonment for life, is concerned right to appeal to the Supreme Court is available to him under the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 (Act 28 of 1970) (hereinafter called 'the Act'. The relevant provision reads: 2. Enlarged appellate jurisdiction of Supreme Court in regard to criminal matters. Without prejudice to the powers conferred on the Supreme Court by Clause (1) of Article 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 to imprisonment for a period of not less than ten years: (b ). . . It appears, therefore, that no certificate from this Court for the exercise of his right of appeal by Phoolchand is necessary.;