ACHARAPARAMBATH PRADEEPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Five accused in Sessions Case No. 146/2001 on the file of the Court of Session, Thalassery, who were convicted for offence under S. 302 Of I.P.C. along with other offences, are the petitioners/appellants. The Sessions Court found that the murder committed by them will come in the category of rarest in rare cases and capital punishment was imposed on them subject to confirmation by the High Court and they were sent to jail under a warrant. They were confined in condemned cell as provided under S. 30(2) of the Prisons Act, 1894 read with Kerala Prisons Rules, 1958. It is the contention of the petitioners that the sentence of death passed by the Sessions Judge is not final, till it Is confirmed by the High Court and, therefore, they should be allowed all privileges which are granted to other prisoners. Learned Director General of Prosecution submitted that age old practice in the State is to put such prisoners in the condemned cell. It is further submitted that the petitioners are provided all other facilities which are given to the prisoners, even though they are kept in a separate ward in separate rooms. This is done for the safety of the prisoners as well as for enabling the State to make them available for execution of the sentence after confirmation of the same. Before going into the merits of the case, we refer to the statutory provisions in this regard.

(2.) Section 366 of the Code of Criminal Procedure provides as follows :

(3.) It is the submission of the petitioners that even though S. 30(2) of the Prisons Act, 1894 is held to be valid, that is applicable only to prisoners sentenced to death. Chapter XLVIII of the Rules are also applicable only to prisoners sentenced to death. Petitioners are not prisoners under sentence of death. Unti} the sentence of death passed by the Court of Session is confirmed by the High Court, they cannot be termed as prisoners sentenced to death as contemplated under S. 30(1) of the Prisons Act and Chapter XLVIII of the Rules.