Judgement

HIDAYATULLAH, J. : This judgment will also govern the disposal of Criminal Appeal No. 102 of 1965 (Rajwant Singh v. The State of Kerala). The appellants in these two appeals have been convicted under Ss. 302/34. 364, 392, 394 and 447 of the India Penal Code. Unni (appellant in this appeal) has been sentenced to death and Rajwant Singh (appellant in the other appeal) has been sentenced to imprisonment for life. No separate sentences under the other sections have been imposed on Unni but Rajwant Singh has been sentenced to four years rigorous imprisonment under Ss. 392 and 394, India Penal Code with a direction that the sentence shall run concurrently with the sentence of imprisonment for life. The High Court of Kerala has dismissed their appeals and confirmed the sentence of death of Unni. They now appeal by special leave of this Court.

2. These appellants were tried with three others, of whom two were acquitted. One Taylor was also convicted of the same offences and was sentenced in the aggregate to imprisonment for life. He has not appealed to this Court. We are not concerned with them. The case relates to the death of one Lt. Commander Mendanha of the Naval Base, I. N. S