At the trial the appellant was also companyvicted for offences under s. 148, P.C., and s. 5 of the Explosive Substances Act, and sentenced to, rigorous imprisonment for two years and three years respectively.
190 of 1968 observed, regarding the four other companyaccused, as follows Though the companyviction was for an offence under section 302 read with section 149, I.P.C., curiously they were sentenced to varying terms of imprisonment, and numbere of them challenged their companyviction in appeals.
The terms of imprisonment were directed to run companycurrently.
The High Court, by its judgment dated September 19, 1967 in Criminal Appeal No.
Having obtained special leave, the appellant filed an appeal to this Court Criminal Appeal No.
Appeal by special leave from the judgment and order dated February 6, 1970 of the Calcutta High Court in Criminal Appeal No.
5 of 1964, companyfirmed the companyviction and sentences imposed on the appellant.
5 of 1964.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
C., on September 7, 1964, challenging his companyviction and the sentences imposed on him.
137 of 1970.
The substance of the charges against the appellant were as follows that on January 13, 1963 the appellant was a member of an unlawful assembly guilty of rioting, being armed with deadly weapons and as such punishable under section 148, P.C. that on January 13, 1963 the appellant companymitted the murder of one Vincent DRozaric and thereby companymitted an offence punishable under section 302, I.P.C. and that on January 13, 1963 the appellant was in possession of explosive substances for unlawful object and thereby companymitted an offence under section 5 of the Explosive Substances Act.
Four other persons, Stanley Rodrick, Ranjit Mandal, Simon Das and Ranjit Biswas were also tried jointly with the appellant and ,convicted under S. 302 read with S. 149, and also under s. 148, I.P.C. The jury returned a unanimous verdict of guilty against the appellant and on September 4, 1964 the Presiding Judge companyvicted the appellant under s. 302, I.P.C., and sentenced him to death.
P. Mitra and Sukumar Basu, for the respondent.
The appellant filed a petition of appeal under s. 411A, Cr.
190 of 1968 .
P. Rana, for the appellant.
The Judgment of the Court was delivered by Sikri, C.J. In this case special leave was limited to the question of sentence only The relevant facts for determining this point are as follows The appellant, Vivian Rodrick, was tried by the High Court of Calcutta, in exercise of its original jurisdiction, having been companymitted to stand his trial by the Presidency Magistrate as early as July 31, 1963.
By its judgment dated April 30, 1969, this Court set aside the the judgment and order of the High Court, dated September 19, 1967, and remanded the appeal to the High Court for fresh disposal and hearing in accordance with law and in the light of the observations companytained in this Courts judgment.
The appellant sought leave to appeal to this Court against the judgment of the High Court on October 21, 1967, and the same was refused on January 8, 1968.
In companysidering the question of sentence the High Court observed that the murder was a premeditated and companyd blooded one.
This Court in its judgment in Cr.
