SUMITRA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, Sumitra Devi, wife of convict Lohra Mahto sent a petition to the Hon'ble Chief Justice stating therein that her husband Lohra Mahto was tried before 5th Additional Judicial Commissioner, Ranchi in S.T. No. 167/76 on the charge Under Sections 302 and 326 of the Indian Penal Code and was convicted and sentenced to death and R. I. for 7 years respectively. THE High Court in appeal commuted the death sentence to life imprisonment and affirmed the sentence awarded Under Section 326 of the Indian Penal Code. Her husband has directly undergone the sentence of life imprisonment despite that he is not being released by the Superintendent Central Jail, Hazaribagh on the plea that there was no specific direction of the Court that two sentences shall run concurrently.

(2.) THE petition was treated a criminal writ under Articles 226 and 227 of the Constitution of India and admitted for hearing.

(3.) IN the instant case, the husband of the petitioner was sentenced to death and imprisonment for 7 years Under Section 326 of the INdian Penal Code. Therefore, the trial Court never anticipated the point that has arisen on account of subsequent order of commutation of death sentence to a sentence of life imprisonment passed by the High Court.