ABDUL KHADER Vs. STATE OF MYSORE

JUDGEMENT

(1.) This is an appeal arising out of convictions in four criminal cases which were tried under the Special Criminal Courts Act, 1942 (Act 24 of 1942). Special leave to appeal was granted by this Court but the leave was confined to the question of the validity of the Act and leave was only granted to the first, second, third, eleventh and fourteenth petitioners.

(2.) Now that we have heard counsel on both sides at length we consider it unnecessary to decide the constitutional points raised. We are of opinion that the convictions in which sentences for transportation and under have been awarded must in any event stand. That narrows the matter down to the second appellant's case, for he is the only one now under sentence of death.

(3.) The second appellant Nalband Abdul Rahiman was prosecuted in two cases. In one (criminal case No. 1 of 1948-49) he was convicted under S. 302, 304, Penal Code, and was sentenced to death He was also convicted in the same case under Ss. 333/34 and 326, Penal Code, and sentenced to ten years' rigorous imprisonment. On a reference to the Chief Justice of Mysore under s. 7 of the Act these convictions and sentences were upheld. In another case (criminal case No. 2 of 1948-49) he was convicted under S. 302 on one count and sentenced to transportation for life and was convicted under S. 148 on another count and sentenced to three years. These convictions and sentences were also upheld on review.