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1950 Supreme(Mad) 237

BASHEER AHMED SAYEED, PANCHAPAKESA AYYAR


Advocates:
K.S. Jayarama Aiyar and K. Kanniah for the Petitioners.

Judgment

Panchapakesa Ayyar. J.-This is a petition filed by accused 1, 2, 5, 6, 8, 9, 10, 12, 13 and 15 in S.C. No. 60 of 1949 on the file of the Sessions Court, Guntur, for a certificate under Article 134(1)(c) of the Constitution of India, that our decision in R.T. No. 47 of 1950 and Criminal Appeal Nos. 139, 140, 141 and 183 of 1950 confirming their convictions under section 147, Indian Penal Code and sections 325 and 149, Indian Penal Code, for rioting and three counts of constructive grievous hurt caused to three persons during the rioting, while setting aside the convictions of some of them for murder, and actual grievous hurt, rioting armed with deadly weapons, and rioting, is a fit one for appeal to the Supreme Court. As no conditions under Article 134(1)(c) have been framed by this High Court, or provisions by the Supreme Court regarding this matter under Article 145, clause (1), referred to in Article 134(1)(c), and as no ruling of the Supreme Court interpreting Article 134(1)(c) has been reported so far, we have to decide this petition on merits, on the facts.

We have heard Mr. Jayarama Aiyar for the petitioners. His main argument is that though this is a case where we hav







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