Constitution of India 1950, Article 136-Scope of jurisdiction-High Court in appeal setting aside conviction and sentence by trial court for murder- No appeal preferred by government-Private party if  could invoke jurisdiction under Article 136.

Words & Phrases-’Crime’-Definition of

The petitioner was acquitted by the High Court in appeal, of charges under sections 302 and 148 1.P.C, but the brother of the deceased not the State nor even the first informant, petitioned this Court under Article 136 of the Constitution for special leave to appeal against acquittal, got leave, had his appeal beard, which was ultimately allowed the court setting aside the judgment of the High Court, and restoring the conviction and sentence imposed by the trial court under section 302 1.P.C. (Arunachalam v. S. R. Sadhonanshan [1979] 3 SCR. 482).

The petitioner filed the writ petition under Article 32 of the Constitution, contending (1) that Article 136 did not empower the grant of special leave to the brother of the deceased and the grant of special leave by the Court and its entertaining the appeal violated Article 21 of the Constitution, and (2) be- fore the Court may grant special leave under Article 136 there must be an antecedent right of append absent which the question of leave by the Court does not arise .