PHOOLCHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(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: