Judgment

KRISHNA IYER, J. (for himself and on behalf of P. N. Shinghal and D. A. Desai J.) (Majority view) : - Exordially speaking, the point for decision is short but its legal import and human portent are deep, sounding in constitutional values and meriting incisive examination. Where the question wears a simple look but its answer strikes at life and liberty we must proceed on the inarticulate major premise of human law as the solemn delivery system of human justice. In formal terms, the problem to be resolved is the vires of O. 21, R. 15 (1) (c) of the SC Rules (the Rules, for short), but in juristic terms it turns on the inflexible stages as against its facultative facets of an appellate hearing when it is a first appeal against a death sentence or life imprisonment. More particularly, is an appeal to the SC falling within the scope of Art. 134 (1) or the enlarged jurisdiction permitted by Art. 134 (2) liable to shorthand hearing and peril of summary dismissal? Brevi manu, the appellant urges that Art. 134 of the Constitution compels this Court to hear and dispose of criminal appeals of the grave categories covered by it, not exparte as O. 21, R. 15 (1) (c) of the Rules permits