SADHU SINGH Vs. STATE

JUDGEMENT

(1.) The applicants were tried for the offence of murder by the Sessions Judge, Naini Tal, and were convicted under Section 302 I. P. C. by an order dated 10-4-60. Sadhu Singh was sentenced to death while the remaining applicants were sentenced to imprisonment for life. Their appeal was dismissed by the High Court on 12-7-60 which confirmed the death sentence passed on Sadhu Singh, The applicants then applied for leave to appeal to the Supreme Court but the same was dismissed by the High Court on 11-8-60. Thereafter they moved the Supreme Court by means of a petition for special leave to appeal but it was also rejected by an order dated 13-10-60.

(2.) The applicants have now applied to this Court tinder Section 561-A Cr. P. C. for review of the appellate order of the High Court dated 12-7-60 on the allegation that the site plan prepared by the investigating officer and relied upon at the trial was a forged document and that perjured evidence had been produced by the prosecution in support of its case. This Court is, therefore, asked to summon fresh evidence and to re-examine the case in, the light of new facts brought to its notice.

(3.) A preliminary objection has been raised by the learned Assistant Government Advocate that the applications for review filed by the applicants are not maintainable. It is contended that the dismissal by the Supreme Court of their objection for special leave to appeal amounts to a final order and the High Court is functus officio and has no jurisdiction to question or disturb the said order in any way.