( 1 ) THE question is whether leave to appeal to the Supreme Court should be given under Article 134 (1) (c) of the Constitution against the refusal by the High Court of Gujarat to give leave to appeal to the High Court against an order of acquittal under sub-sec. (3) of sec. 417 of the Code of Criminal Procedure.

( 2 ) A High Court should not give leave to appeal to the Supreme Court under Article 134 of the Constitution unless the case falls within that Article. Article 134 (1) of the Constitution reads thus:- an appeal shall lie to the Supreme Court from any judgment final order or sentence in a criminal proceeding of a High Court in the territory of India if the High Court (A) has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or (B) has withdrawn for trial before itself any case from any Court subordinate So its authority and has in such trial convicted the accused person and sentenced him to death; or (C) certifies that the case is a fit one for appeal to the Supreme court. The Article then gives the conditions to be satisfied.

( 3 ) THE case would therefore fall under Article 134 of the Consti- tution if there is a j