Judgment

SIKRI, CJI.: - 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:

(i) 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, I. P. C.;

(ii) that on January 13, 1963 the appellant committed the murder of one Vincent D Rozario and thereby committed an offence punishable under Section 302, I. P. C.; and

(iii) that on January 13, 1963 the appellant was in possession of explosive substances for unlawful object and thereby committed 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 Section 302 read with Section 149, and also under Section 148, L P. C. The jury retur