BAGHAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS application under Section 427(2) of the Code of Criminal Procedure has been filed by Baghail Singh appellant in Cr. Appeal 663-SB of 2000. The said appeal has been filed against the judgment of learned Sessions Judge, Gurdaspur dated December 14, 1999 whereby the appellant was found guilty of offence under Section 304 Part II IPC for culpable homicide of Paramjit Singh on February 19, 1994. The appellant was convicted to undergo rigorous imprisonment for 10 years, pay a fine of Rs. 5000/-, in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) EARLIER to this the appellant had been tried by the learned Additional Judge, Designated Court, Amritsar for committing the murder of Swaran Singh on January 26, 1992. The appellant and his co-accused were found guilty under Section 302 read with Section 34 IPC and both were sentenced to undergo rigorous imprisonment for life and to fine vide judgment of conviction and sentence pronounced on March 3, 1997.

(3.) THE submission of the learned counsel is an attractive one on the face of it but the appellant can get whatsoever no benefit therefrom. The appellant has undergone detention as an under trial from March 7, 1994 to December 13, 1999 (5 years 9 months and 6 days) and after conviction he has been in custody since December 14, 1999. The appellant was ordered to be released on bail on October 18, 2001 but was not released. Counsel contends that the appellant has completed his sentence but is not being released because the judgment does not state sentence was to run concurrently with the previous one. The appellant would complete 10 years on March 6, 2004 but if his period of detention under the previous conviction is taken into account and sentence is directed to be concurrent with such previous sentence, the appellant's sentence is over and he would become entitled to be released. Such could never have been the intention of law.