ANNAMALAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner herein is the accused in S.C.No.102 of 2006 on the file of the Additional District and Sessions Court (Fast track IV), Poonamallee, Chennai. By the Judgment, dated 29.02.2008, the accused herein was found guilty under Section 302 IPC and he was convicted and sentenced as follows:- <FRM>JUDGEMENT_328_LAWS(MAD)1_2018_1.html</FRM>

(2.) The petitioner is in custody as a convict prisoner on and from 29.02.2008. It is the case of the petitioner that even prior to that i.e. From 18.04.2005 to 28.02.2008 that is for a period of 2 years 10 months 12 days, he was in custody and this period of 2 years 10 months and 12 days incarceration has not been mentioned in the Judgment of the learned Sessions Judge. The petitioner claims that for this period, he is entitled for consideration, as contemplated under Section 428 of Criminal Procedure Code.

(3.) The learned counsel for the accused would submit that the period of incarceration during the time of investigation is also to be taken into consideration as per the decision in ALKOO SADA v. STATE OF BIHAR, 1998 CrLJ 4345(Pat), wherein it has been held as under: