SAHEB LAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is the father of the life convict Sri Maktumbashya S/o Saheblal Jatagar who has been convicted by the learned II Additional District and Sessions Judge, Vijayapura (hereinafter for brevity referred to as 'Trial Court') in Sessions Case No. 103/2006 for the offence punishable under Sections 498A, 506 and 302 of the Indian Penal Code (hereinafter for brevity referred to as 'IPC').

(2.) The convict was sentenced to undergo life imprisonment and to pay a fine of Rs. 2,000/-, in default to suffer simple imprisonment for two months for the offence punishable under Section 302 of IPC. The convict was also sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,500/-, in default to suffer simple imprisonment for one and half months for the offence punishable under Section 498A of IPC. Further, the accused was sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 1,000/-, in default to suffer simple imprisonment for one month for the offence punishable under Section 506 of IPC. The Trial Court also observed that the accused was in judicial custody from 09.02.2006 and was entitled to set off for the punishment given under Sections 498A and 506 of IPC. Challenging the said judgment of conviction and order on sentence, the accused had preferred an appeal in Criminal Appeal No. 3580/2009 before a Division Bench of this Court which by its judgment dated 16.11.2011, allowed the appeal in part. The order of conviction and sentence for the offence under Sections 498A and 506 of IPC was set aside, however, the order on conviction for the offence under Section 302 of IPC and sentencing the accused to undergo imprisonment for life and to pay fine of Rs. 2,000/- was confirmed.

(3.) The present petitioner, who is the father of the accused in the present petition which is filed under Article 226 and 227 of the Constitution of India read with Section 482 of the Criminal Procedure Code (hereinafter for brevity referred to as 'Cr.P.C.') has sought for a declaration to declare that the sentence of life imprisonment of the accused-Maktumbashya has commenced from 09.02.2006 which is the date of his arrest. He has also sought for issuance of writ of mandamus directing respondent No. 2 to record the date of commencement of life sentence of accused-Maktumbashya as 09.02.2006.