Judgment

MAHAJAN, C.J.I.: Criminal Appeals Nos. 58 and 87 of 1953 relate to the same occurrence, and arise out of a common judgment delivered by the Judicial Commissioner of Ajmer. Both of them are before us by special leave granted by this Court on different occasions.

2. Unless it is shown that exceptional and special circumstances exist that substantial and grave injustice has been done and the case in question presents features of sufficient gravity to warrant a review of the decision appealed against, this Court does not exercise its overriding powers under Article 136 (1) of the Constitution and the circumstance that because the appeal has been admitted by special leave does not entitle the appellant to open out the whole case and contest all the findings of fact and raise every point which could be raised in the High Court. Even at the final hearing only those points can be urged which are fit to be urged at the preliminary stage when the leave to appeal is asked for. The question for consideration is whether this test is satisfied in either of these two appeals. After hearing the learned counsel in both the appeals we are satisfied that none of them raise any questions which