1. Umed Khan was sentenced to death by the Sessions Judge, Ajmer. A reference to this Court for confirmation of the sentence of death was accepted by me on 22-5-1953. Now Umed Khan has filed this petition for permission to appeal to the Hon'ble Supreme Court. In the petition, I have heard the learned Counsel for the petitioner and the learned Assistant Public Prosecutor.
2. The case does not fall under Clauses (a) and (b) of Article 134(1). The learned Counsel for the petitioner has argued that the case is a fit one for appeal as it involves the interpretation of the words 'undue advantage' used in Exception 4 of Section 300, I. P. C. The learned Assistant Public Prosecutor has pointed out that the question as to what is 'undue advantage' in each particular case is a question of fact and no question of law is involved. To this the learned Counsel for the petitioner has nothing to say.
3. No other point has been pressed before sine.
4. I, therefore, do not consider it a fit case for appeal to the Hon'ble Supreme Court. The petition is rejected.