Judgment

KAPUR, J. : This is an appeal against the judgment and order of the High Court of Calcutta in which a preliminary objection has been taken that the certificate under Art. 134(1)(c) is not a proper certificate and should therefore be cancelled. A further question would arise as to whether it is a case in which special leave to appeal should be granted under Art. 136 if we find that the preliminary objection is well founded.

2. The appellant was tried for murder under S. 302 of the Indian Penal Code in the court of the Additional Sessions Judge at Alipore sitting with a jury. The jury returned a verdict of not guilty and the appellant was acquitted. Against that order the State took an appeal to the High Court and the Division Bench found that there was misdirection in the charge to the jury and therefore after consideration of the evidence to set aside the verdict of jury, allowed the appeal and sentenced the appellant to imprisonment for life. The appellant then applied to the High Court for a certificate under Art. 134(1)(c) which was granted by another Division Bench of the Court which had not heard the appeal.

3. Three points were urged before the Bench hearing the applica