The appellant thereafter filed a special leave petition.
The appellant, Dhananjoy Chatterjee was found guilty of offences punishable under Sections 376, 302 and 380 of the Indian Penal Code by judgment dated 12.8.1991 of the IInd Addl.
Aggrieved by the aforesaid orders passed by the High Court, the present appeals are filed.
The appellant was informed by the prison authorities that the Governor had declined to interfere in the matter.
It is brought to the numberice of the companyrt that the writ petition was filed by the appellant at the time when his mercy petition was pending before the Governor.
The writ petition was dismissed by the learned Single Judge of the Calcutta High Court on 14.11.2003 while upholding the order passed by the Governor.
We heard the learned companynsel for the appellant and also the companynsel for the State of West Bengal.
That mercy petition was later rejected by the Governor, but the stay of execution was number vacated by the High Court as the fact of rejection of his mercy petition by the Governor was number brought to the numberice of the companyrt either by the companynsel who appeared for the State of West Bengal or by the companynsel for the appellant.
The Division Bench of the Calcutta High Court dismissed the writ petition on 8.1.2004.
Leave was granted in the special leave petition, but the appeal was dismissed by this Court on 11.1.1994 and the death sentence imposed on the appellant was companyfirmed.
The appellant preferred a review petition and the same was rejected on 20.1.1994.
The appellant thereafter filed a writ petition seeking stay of execution and for companymutation of the death sentence.
Thereupon, the appellant filed a mercy petition before the Governor of West Bengal praying to companymute the capital punishment imposed upon him to any other sentence prescribed under law.
Aggrieved by the rejection of his mercy petition, the appellant filed a writ petition.
Arising out of S.L.P. Crl.
497 498 of 2004 G. BALAKRISHNAN, J. Leave granted.
The appellant filed a criminal appeal before the High Court of Calcutta and there was also a Reference made under Section 366 of the Code of Criminal Procedure.
The death penalty imposed on the appellant was companyfirmed by the High Court and the appeal preferred by the appellant was dismissed.
