KOSHI, KUMARA PILLAI
Variath – Appellant
Versus
State – Respondent
1. This purports to be an appeal against an order of the learned Additional Sessions Judge, Trichur, holding that the powers of suspension, remission or commutation of death sentence in respect of any person who may have been or is thereafter sentenced to death for capital offence committed within the territory of Cochin reserved in the Maharaja of Cochin under Art.21 of the Covenant entered into by the Rulers of Travancore and Cochin for the formation of the United State of Travancore and Cochin (hereinafter referred to as the Covenant) did not outlive the passing of the Constitution of India. In the order impugned before us the learned judge sets out the circumstances under which he happened to make that order as follows:
"This Court convicted the accused in S.C. No. 20 of 1954 of murder and sentenced him to death subject to confirmation by the High Court and committed him to safe custody in the Central Jail, Viyyur, until further orders. The High Court upheld the conviction and confirmed the sentence, and the Supreme Court refused to interfere in the matter. Mercy petitions filed by the petitioner before the President of India and the Raj Pramukh of Travancore-Cochin
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