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PETITIONER: NAR SINGH AND ANOTHER
Vs.
RESPONDENT: THE STATE OF UTTAR PRADESH.
DATE OF JUDGMENT: 05/05/1954
BENCH: BOSE, VIVIAN BENCH: BOSE, VIVIAN MUKHERJEA, B.K. HASAN, GHULAM
CITATION: 1954 AIR 457 1955 SCR 243 CITATOR INFO : R 1955 SC 778 (15) F 1956 SC 181 (13) F 1956 SC 411 (1) F 1956 SC 757 (3) F 1958 SC 22 (6) F 1960 SC 289 (18) RF 1965 SC1467 (6,12) RF 1989 SC 653 (9)
ACT: Constitution of India-Articles 134(1)(c) and 136(1)-certifi- cate by High Court wrongly granted under art. 134(1)(c) under wrong view of law-Interference by Supreme Court- Special Leave under art. 136(1).
HEADNOTE: Out of 24 persons originally tried under sections 302/149 etc. I.P.C. only three were ultimately convicted by the High Court. The High Court however by mistake convicted N, one of the three, whom it meant to acquit. Later, it communicated its mistake to Government. Government passed orders remitting the sentence mistakenly passed on N and directed his release. N and the other two convicts presented an application under article 134(1)(c) for a certificate. The High Court granted a certificate to N considering that otherwise the stigma of the charge of murder might affect him adversely in the future. As regards the other two, there was nothing in their ca...