RAVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a Miscellaneous Application made under S.428 of Cr. P.C. with a prayer to make appropriate order to allow set off the period of detention against the term of imprisonment imposed while confirming the order of conviction and sentence passed by the Sessions Judge.

(2.) The applicant Mukundan, Convict No. 3039, undergoing life imprisonment in Central Prison at Trivendrum, and another Ravi alias Ravindran were tried together by Sessions Judge, Dakshina Kannada, Mangalore, on the charge of the offences punishable under Ss. 302 and 201 r/w 34 IPC and found guilty, convicted and sentenced to suffer imprisonment for life and rigorous imprisonment for three years respectively thereon with a further direction that the substantive sentences shall run concurrently. The appeal filed by them came to be dismissed confirming the order of conviction and sentences passed on them by this Court on 17/18th July, 1978. There being no direction to set off the period of detention against the term of imprisonment imposed on such conviction, the applicant, who is accused No. 2 in the said case, has made this application through the Superintendent, Central Prison, Trivendrum. Although there had been some controversy whether the sentence of imprisonment for life imposed on conviction is or is not sentence for a term, but that controversy has now been set at rest by the decision of the Supreme Court in the cases of Bhagirath v. Delhi Administration reported in AIR 1985 SC 1050 and it has been pointed out :-

(3.) We, therefore, allow the application. Although the other accused has not made any such application, in the interest of justice, we feel that this benefit also be extended to the other accused Ravi alias Ravindran and make the following : ORDER The period of detention undergone by the two accused during investigation, inquiry or trial before the date of conviction shall be set off against the term of imprisonment imposed on them. Petition allowed.