SHYAM GAWAS Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. Kaif Noorani, the learned counsel under the Legal Aid Scheme for the Petitioner and Mr. P. Faldessai, the learned Additional Public Prosecutor for the State.

(2.) Rule. Rule is made returnable forthwith at the request of and with the consent of the learned counsel for the parties.

(3.) This is a petition sent from jail by the petitioner who is presently suffering a sentence post his conviction for the offence under Section 302 of the Indian Penal Code. The petitioner contends that he has not been given the benefit of set-off as contemplated by Section 428 of the Code of Criminal Procedure (Cr.P.C.).