MADHO SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an application under Section 561-A of the Code of Criminal Procedure.

(2.) MADHO Singh was convicted under Section 302 of the Indian Penal Code by the learned Sessions Judge, Jaipur District, on the 27th February 1954, and sentenced to transportation for life. He presented an appeal through jail, and it was dismissed under Section 421, Cr. P. C. , on the 14th of May 1954. Madho Singh has filed the present application on 7th June 1954, through counsel urging that the appeal be re-heard. In support of the application it was argued by learned counsel for the applicant that the provision of Section 421, Cr. P. C,, was discriminatory and denied equality before the law, and being inconsistent with Article 14 of the Constitution was void, as declared' by Article 13 of the Constitution.

(3.) SECTION 421 of the Code of Criminal Procedure is as follows:-" (