RAJAHUSEIN GULAMHUSEIN LAKHANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner, in the above Application, Rajahusein Gulamhusein Lakhani, was convicted, in Criminal Appeal No. 953 of. 1966, under Section 302 of the Indian Penal Code; and sentenced to suffer imprisonment for life, in connection with the stabbing of one Abdul Jabbar and one Nazir Ahamed, by this High Court on April 26, 1968. He filed a petition for special leave to appeal (C. R. No. 761 of 1968) in the Supreme Court; but that petition was dismissed by the Supreme Court on October 14, 1968-He is now suffering the sentence in Nasik Road Central Prison, Nasik.

(2.) HE has filed the above Application, claiming the benefits under Section 428 of the Code of Criminal Procedure, 1973, which came into force on April 1, 1974. The said Section runs as follows:

(3.) ACCORDING to the petitioner, who has sent the above petition through jail, he is entitled to the benefit of Section 428 of the new Criminal Procedure Code, in view of the decision in Narayan Nambeesan v. State of Maharashtra and the decision of the Supreme Court, in B. P. Andre v. Superintendent, Central Jail , as it was laid down in the said decisions, that "section 428 embraces cases where a person has been convicted before the coming into force of the new Criminal Procedure Code; but his sentence is still running at the date when the new Code of Criminal Procedure came into force". He has, therefore, prayed for a direction to be issued to the Superintendent of Nasik Road Central Prison, to compute the period of the sentence passed against him by excluding that period, when he was under detention, during the investigation and trial.