S SANKAR Vs. STATE

JUDGEMENT

(1.) The petitioners 1 and 2 herein were prosecuted along with 16 other persons (total number of accused persons 18) for various offences, including an offence of murder punishable under Section 302 IPC in S.C. No. 87 of 2003 before the Additional District and Sessions Judge (Fast Track Court No. 1), Chennai. The petitioners 1 and 2 herein figured as accused Nos. 6 and 7 in the above said sessions case. The learned Additional District and Sessions Judge (Fast Track Court No. 1), Chennai by a judgment dated 19.4.2004 convicted the first petitioner for an offence punishable under Section 365 r/w 109 IPC, the second petitioner for an offence punishable under Section 365 IPC and both the petitioners for offences punishable under Sections 387,382,347,364 and 201 IPC. The petitioners were awarded the punishment of rigorous imprisonment ranging from three years to 10 years for the offences other than the offence of the murder punishable under Section 302 IPC and awarded life imprisonment for the offence punishable under Section 302 IPC. Besides substantive punishment, fine was also imposed ranging from Rs. 5,000/- to Rs. 50,000/-. The trial Court also directed that the substantive sentences awarded for the above said offences would run concurrently. The appeal preferred against the conviction and sentence was also dismissed by this Court. The maximum punishment awarded to each one of the petitioners is the life imprisonment. However, the judgment does not contain any specific direction to set off the period of pre-conviction imprisonment. According to the petitioners, they had undergone such pre-conviction imprisonment for a period of 761 days, which period they are entitled to set off against the imprisonment awarded. As there is no indication in the judgment regarding the period to be set off, the petitioners have come forward with the present petition under Section 482 Cr.P.C for a direction to the respondents to set off the period of pre-conviction imprisonment of 761 days undergone by the petitioners against the imprisonment awarded by the trial Court, namely Additional District and Sessions Judge (Fast Track Court No. 1), Chennai in Sessions Case No. 87 of 2003 which was subsequently confirmed by the High Court.

(2.) The submissions made by Mr. P. Vijendran, learned counsel for the petitioners and by Mr. I. Paul Nobel Devakumar, learned Government Advocate (Crl.Side) representing the respondents were heard. The materials placed before the Court by the petitioners were also perused.

(3.) The petitioners, who are life convicts have come forward with the present petition under Section 482 Cr.P.C for a direction to the respondent to set off the period of imprisonment undergone by them during the course of investigation, inquiry and trial in the case in which they were convicted and sentenced to undergo rigorous imprisonment for various period for various offences ranging from three years to ten years and also to undergo life imprisonment for an offence punishable under, Section 302 IPC. The petitioners herein who figured as accused Nos. 6 and 7 in Sessions Case No. 87 of 2003 on the file of the Additional District and Sessions Judge (Fast Track Court No. 1), Chennai were convicted and sentenced as follows: <FRM>NP_887_MADLJ(CRI)1_2010.htm</FRM> Total fine amount is Rs. 80,000/-. All the sentences were directed to run concurrently.