Judgment

IMAM, J. : The Judicial Commissioner of Vindhya Pradesh granted a certificate under Art. 132 (1) of the Constitution of India as in his opinion the case involved a substantial question of law as to the interpretation of the Constitution. Hence the present appeal.

2. The appellant was convicted under S. 307, Indian Penal Code and S. 19(f) of the Indian Arms Act by the Sessions Judge of Chatarpur. He was sentenced to 10 years rigorous imprisonment under S. 307, Indian Penal Code and 3 years rigorous imprisonment under S. 19(f) of the Indian Arms Act. He filed an appeal while he was in jail which was summarily dismissed on merits on October 28, 1955. Thereafter, on October 31, 1955, he filed a Memorandum of Appeal through a pleader which was rejected on November 1, 1955, on the ground that it was not maintainable owing to his appeal for jail under S. 420 of the Code of Criminal Procedure having been dismissed on October 28, 1955.

3. Thereafter, he filed a petition before the Judicial Commissioner that the order dated October 28, 1955, dismissing his appeal from jail should be reviewed and his appeal should be reheard on merits. This petition was also dismissed by the Judicial