KAUSHAL VISHWAVIJAY KUMAR Vs. STATE OF GOA

JUDGEMENT

(1.) The petitioners have filed the present petitions under Sec. 482 of the Criminal Procedure Code seeking grant of set off under Sec. 428 of the Criminal Procedure Code for the period of detention undergone as under trial prisoners in Sessions Case No.27/2011/I. The present petitioners by judgment and order dtd. 5/6/2015 and 23/6/2015 were convicted by the Additional Sessions Judge, South Goa, Margao, for the offence of murder punishable under Sec. 302 of Indian Penal Code read with Sec. 34 of the Indian Penal Code and were sentenced to life imprisonment and to pay a fine of Rs.10,000.00 each and in default to undergo rigorous imprisonment for a period of two months.

(2.) Learned counsel for the petitioners submit that the learned Sessions Judge has failed to consider the set off provisions thereby denying the benefit of Sec. 428 of the Code of Criminal Procedure to the petitioners which is contrary to the wellestablished principles of law. He submits that the benefit of Sec. 428 of the Cr.PC., is virtually a statutory right of the petitioners. Sec. 428 of Cr. PC. reads thus:

(3.) The petitioners were arrested on 16/7/2011 and the learned Sessions Judge convicted the petitioners on 5/6/2015 vide judgment and order dtd. 23/6/2015. The petitioners submit that they spent 3 years, 11 months and 19 days as under-trial prisoners for which period the petitioners are entitled to set off in terms of Sec. 428 of Cr.P.C.