M RAVI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) . The petitioner was convicted for the offences punishable under Sections 302, 307 and 449 I.P.C. in Sections Code No. 73/1997 on the file of Additional Sessions Judge, Tiruchrappalli and sentenced to death by the judgment, dated 10.8.1998 and the same was referred to this Court in Referred Trial Case No. 6/1998. Simultaneously, the petitioner also filed an appeal against the said judgment, dated 10.8.1998 in Crl A.No. 713 of 1998.

(2.) BY judgment, dated 29.11.1999, a Division Bench of this Court confirmed the conviction under Section 302, 307 and 449 I.P.C., however, refused to confirm the sentence of death and modified the same into imprisonment for life.

(3.) PER contra, the learned Additional Public Prosecutor contends that the ratio in Bhagirath v. Delhi administration, and Vinod Kumar v. Union of India supra, referred , will in no way improve the case of the petitioner, as the petitioner is not entitled to seek set off of his detention period as an under trial prisoner, unless appropriate orders are passed under Section 432 or under Section 433 Cr. P.C. either commuting or remitting the sentence, which is again subject to Section 433 A of the Code.