STATE Vs. NABIN CHANDRA KHANDAPANI

JUDGEMENT

(1.) THESE are two applications in revision by the State against the order dated 25 -4 -66 of Shri D. Kanungo, Magistrate II Class, Koraput, passed in G. R. Cases Nos. 72 and 73 of 1966, in which one common judgment was passed.

(2.) IN both the cases the accused person is the same. He was convicted in both the cases under Section 380/75, I.P.C. and sentenced to undergo R. I. for 3 months and 5 days. The accused was taken to jail custody on 01 -02 -66 and remained in the custody till the date of judgment. The Magistrate, while sentencing him to undergo R. I. for a period of 3 months and 5 days, directed that the sentence be computed from the date when he was taken to the jail custody, that is to say, the sentence was directed to run with effect from that date. According to the Magistrate's direction the sentence expired on 06 -05 -66.

(3.) THAT the Magistrate has no such jurisdiction to direct that any portion of the period of detention as an unter trial prisoner should be counted as a part of the sentence is supported by a decision reported in AIR 1923 Lah 104, Dangar Khan v. Emperor which has been cited before me.