MANILAL CHHIBA Vs. UNION OF INDIA

JUDGEMENT

(1.) :-

(2.) FOUR convicts have preferred this petition. These four convicts were tried in sessions case no.21 of 1975 in the Court of the Addl. Sessions Judge, Goa, Daman & Diu at Daman. The learned Addl. Sessions Judge by his judgment and order dated 5.11.1976 convicted the petitioners and other accused for offence under section 120-B read with section 115 of the Indian Penal Code and sentenced to undergo six years of R.I. and to pay a fine of Rs. 500/-, in default to undergo three months of R.I. The petitioners were also convicted for an offence under section 396 of the Indian Penal Code and were sentenced to suffer R.I. for life whereas the other three accused were sentenced to undergo R.I. for six years and to pay a fine of Rs.500/-, in default to undergo three months of R.I. In respect of those other three accused, the learned Addl. Sessions Judge ordered that the period of detention undergone by those three accused as undertrial prisoners be set off under the provisions of section 428 of the Cr.P.C.

(3.) BY this petition, the petitioners have stated that upon correct interpretation of the provisions of section 428, all of them are entitled to the set-off of the period of detention undergone by them as undertrial prisoners. Mrs. Katdare, learned counsel appearing for the petitioners, in that behalf, relied upon the decision of the apex Court reported in A.I.R. 1985 S.C. 1050. Mr. Sakhare, learned counsel appearing for respondents no.3 & 4, on the other hand, contended that the order of conviction and sentence was confirmed by the Supreme Court and, as such, the issue stands concluded due to the confirmation of the order of sentence by the Supreme Court.