MAN MOHAN SAHANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE matter here concerns the grant of remissions to the petitioner - Man Mohan Sahani, now undergoing imprisonment for life.

(2.) THE petitioner - Man Mohan Sahani was tried for murder and was acquired by the Sessions Judge, Karnal, by his order of April 26, 1977. This acquittal was, however, later up - set in appeal by the High Court on December 21, 1979, whereby the petitioner was sentenced to undergo rigorous imprisonment for life. It was in pursuance of this order that Judicial Magistrate Karnal, passed an order that the petitioner be detained in jail to undergo the sentences of imprisonment imposed upon him. The petitioner thereupon surrendered and his detention in Jail commenced from January 28, 1980. It may be mentioned here that earlier the petitioner had been detained as an under-trial prisoner from April 26, 1976 to April 26, 1977.

(3.) THE short answer to the rationale for the denial of remissions to the petitioner is provided by the judgment of the Supreme Court in Maru Ram etc. v. Union of India and others, AIR 1980 Supreme Court 2147, where the Court had occasion to consider the provisions of Section 433 - A of the Code of Criminal Procedure 1973. There it was held "when a person is convicted in appeal, it follow that the appellate court has exercised its power in the place of the original court and the guilt, conviction and sentence must be substituted for and shall have retrospective effect from the date of the judgment of the trial Court. The appellant's conviction must relate back to the date of the trial Court's verdict and substituted." On this reasoning the benefit of Section 433-A of the Code of Criminal Procedure, 1973 was extended to persons who had been acquitted before Section 433-A came into force and were convicted after it came on to the statute book.