Principle: Under Article 136(1) of the Constitution of India, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.
Factual Situation: Eight persons formed an unlawful assembly and they proceeded to kill A in the field at about 10:00 a.m. on the fateful day. They succeeded in killing A . A young boy was present near the field and after hearing the shouts of the deceased ran to spot and saw all the accused persons with different arms and also saw the deceased suffering the fatal injuries. He ran to the village and informed some villagers who went to the spot and saw the deceased. A case was filed by the police. Both Trial Court and High Court convicted five accused persons under Sections 302 and 34 of IPC to life imprisonment and acquitted three others involved in crime due to loose tip of evidence. The case was appealed by the five accused in the Supreme Court to get relief under Article 136 of the Constitution of India. The counsel for the accused pleaded that prosecution witnesses have given contradictory statement, the case was false implication due to enmity between two families, the presence of first eyewitness at the spot was unnatural and on the basis of same evidence three accused persons had been acquitted and on the same ground the Supreme Court should grant leave in acquitting five accused persons under Article 136 of the Constitution of India.
(a) Five accused persons cannot be granted leave under the ground that Article 136 does not normally reappraise the evidence by itself and the Supreme Court uses such power only when the appreciation of evidence and findings of lower Courts are vitiated by the error of law or found contrary to natural justice.
(b) Five accused persons can be granted leave as the provisions of Article 136 empowers the Supreme Court with inherent powers to grant leave as three accused persons from same assembly have been acquitted.
(c) Five accused persons can be re-tried by the High Court and the counsel of the accused persons pleading in the Supreme Court should plead them in such High Court.
(d) Five accused persons should be re-tried along with three other accused persons in the trial court as in India there is provision of re-trial in Criminal Procedure Code.
The answer is (a).
Alok walks 20 metres North, then he turns right and walk 30 metres. Then he turns right and walks 35 metres. Then he turns left and walk 15 metres. Then he turns left and walks 15 metres. Then he again turns left and walks 15 metres. Then he again turns left and walks 15 metres. In which direction and how many metres away is Alok from the original position?
(a) 15 metres towards West
(b) 30 metres towards East
(c) 30 metres towards West
(d) 45 metres towards East
The answer is (b).
Each of five persons A, B, C, D and E possesses unequal number (< 10) of similar items. A, B and C possess 21 items in all, while C, D and E possess 7 items in all. How many items do A and B possess in all?
(d) Date insufficient
The answer is (a).