KISHORE SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(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:-