Judgement

JAGANNADHADAS, J. : This is an appeal by special leave and arises under somewhat unusual circumstances. The appellant was convicted of murder in Session Judge of Trichur now in the State of Travancore-Cochin and sentenced to death. The sentence was in due course confirmed by the High Court and an application for leave to appeal against it to this Court was rejected.

The appellant filed mercy petitions to the Raj Pramukh to Travancore - Cochin and to the President of India and both of them were rejected. After all these attempts had failed, the Sessions Judge issued a warrant on the 29th March, 1955, fixing 6th April, 1955, for the execution of the prisoner. Meanwhile, the Superintendent, Central Jail, Viyyur, where the condemned prisoner was lodged, informed the Sessions Judge by his letter dated the 1st April, 1955, that the prisoner had sent a mercy petition to the Maharaja of Cochin and requested for directions, since no orders had been received in respect of that petition.

It may be mentioned that the Sessions Division of Trichur is admittedly in the former State of Cochin. It does not appear from the record whether this mercy petition to the Maharaja of Cochin was sent