Judgment

BOSE J. : Twenty-four persons, among them the two appellants, were tried for offences under sections 148. 307/149, I.P.C. Sixteen were acquitted and the remaining eight were convicted. On appeal to the High Court five more were acquitted and the only ones whose convictions were upheld were the two appellants, Nar Singh and Roshan Singh, and one Nanhu Singh.

2. By a curious misreading of the evidence this Nathu Singh was mixed up with Bechan Singh. What the High Court really meant to do was to convict Bechan Singh and acquit Nanhu Singh. Instead of that they acquitted Bechan Singh and convicted Nanhu Singh. As soon as the learned High Court Judges realised their mistake they communicated with the State Government and an order was thereupon passed by that Government remitting the sentence mistaken passed on Nanhu and directing that he be released.

3. This occasioned an application under Article 134(1) (c) of the Constitution by Nanhu Singh and the two appellants Nar Singh and Roshan Singh for a certificate. The High Court rightly considered that the certificate should issue in the case of Nanhu Singh because, despite the remission of his sentence by the State Government and his