RACHHAPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was convicted for the offences under Sections 326/324 read with Sec. 34 Indian Penal Code by the learned Judicial Magistrate Ist Class, Tarn Taran, on 27.11.1972. He was sentenced to undergo two years rigorous imprisonment with fine of Rs. 100.00 for the offence under Sec. 326/34 Indian Penal Code and further rigorous imprisonment for two months in default of payment of fine. He was also sentenced to one year rigorous imprisonment with fine of Rs. 100.00 for the offence under Sec. 324 Indian Penal Code and further rigorous imprisonment for one month in default of payment of fine. The petitioner was also convicted for the offences under Sections 25/54/59 of the Arms Act and sentenced to rigorous imprisonment for two months and fine of Rs. 25/and further rigorous imprisonment for 15 days in default of payment of fine.

(2.) On appeal, the sentence was reduced to one year rigorous imprisonment with fine of Rs. 100.00 for the offences under Sec. 326/34 Indian Penal Code and three months rigorous imprisonment for the offence under Sec. 324/34 Indian Penal Code. Both the sentences were ordered to run concurrently. This order was passed on 24.1.1973. However, the petitioner was acquitted of offences under Sections 25/54/59 of the Arms Act.

(3.) In Criminal Revision No. 104 of 1973, this Court by order dated 16.1.1975, confirmed the orders passed by the Appellate Court. According to the petitioner, he was arrested in the month of Jan., 1971 and remained in judicial custody for near about 4 and half months. He was released on bail during the pendency of the trial. However, the petitioner was taken into custody on 27th Nov., 1972 and remained in jail for two months during the pendency of the appeal till 24th Jan., 1973. During the pendency of the Revision Petition, the petitioner also remained in Jail for two months. Thus, according to the petitioner, he had served actual sentence for about eight and half months.