VIVIAN RODRICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) 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 committed to stand his trial by the Presidency Magistrate as early as July 31, 1963. The substance of the charges against the appellant were as follows:

(2.) The appellant filed a petition of appeal under Section 411-A, Criminal P. C., on September 7, 1964, challenging his conviction and the sentences imposed on him. The High Court, by its judgment dated September 19, 1967 in Criminal Appeal No. 5 of 1964; confirmed the conviction and sentences imposed on the appellant. In considering the question of sentence the High Court observed that

(3.) 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. Having obtained special leave, the appellant filed an appeal to this Court (Criminal Appeal No. 190 of 1968). By its judgment dated April 30, 1969, this Court set aside 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 contained in this Court's judgment. This Court in its judgment in Cr. App. No. 190 of 1968 observed, regarding the four other co-accused, as follows: