BHAGWATIBAI KAMALSINGH GAUTAM Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition has been submitted by the wife of a prisoner who, according to this petition, is an under-trial prisoner detained in Thane Central Prison (Maharashtra State ).

(2.) THIS petition has been submitted under peculiar circumstances. It appears that one Kamalsingh s/o Ramsingh (for whom this petition is submitted) and two other persons, namely Shivgovind s/o Hargoyind and Punamchand s/o Bhuralal Verma, were convicted and sentenced to one year rigorous imprisonment each under Section 366, I. P. C. by the Additional Sessions Judge Indore. Shivgovind and Punam-chand were also convicted for offences under Section 354, I. P. C. and sentenced to four months rigorous imprisonment each. Both the sentences were to run concurrently,

(3.) THESE three persons preferred an appeal to this Court which was Criminal Appeal No. 391 of 1969 and was heard by me and disposed of on 25-1-1971. In this judgment, after notice for enhancement, the appeal filed by the appellants against their convictions was dismissed and their sentence was enhanced from one year's rigorous imprisonment to seven years' rigorous imprisonment and fine. After the judgment of this Court according to the instant petition Punamchand and the petitioner's husband Kamalsingh absconded and Shivgovind filed a special leave petition and ultimately an appeal to Hon'ble Supreme Court of India reported in AIR 1972 SC 1823. That appeal was allowed and the Supreme Court set aside the order of this Court for enhancement of sentence but maintained the sentence awarded by the trial Court which was one year's rigorous imprisonment. However the two others Kamalsingh and Punamchand did not file any appeal to the Supreme Court as they were then absconding. It is alleged that Kamalsingh was arrested on 3-1-1975 and he is undergoing sentence and is in detention in the Thane Central Prison. By this petition it is prayed that the sentence on Kamalsingh be also reduced from seven years to one year.