JUDGMENT B N Nigam, J. [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.