RANVEER YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel representing the State as also the learned counsel representing the private respondent no.5.

(2.) Petitioner has moved this Court for a writ in the nature of certiorari to quash the letter no.1917 dated 19.09.2017 issued by the Superintendent of Divisional Jail, Khagaria in connection with Mansi (Chautham) P.S. Case No.192 of 1988 by which he has informed to the learned court below that the calculation done by the Superintendent of Divisional Jail, Munger regarding the period spent by the petitioner in custody in connection with this case is not correct and that the petitioner has not completed 10 years of custody and accordingly he cannot be released.

(3.) Mr. Ajay Kumar Thakur, learned counsel representing the petitioner submits that the petitioner in the present case was convicted by the learned trial court in this case vide Session Trial No.184/89 vide judgment and order dated 24.12.2016, he was sentenced to undergo life imprisonment under Section 302 I.P.C. and also to pay a fine, but the said judgment of the learned trial court was later on set aside by a Division Bench of this Court in Cr. Appeal (DB) No.60 of 2017 and the Hon'ble High Court vide judgment and order dated 29.08.2017 was pleased to convert the conviction from under Section 302 of the I.P.C. to Section 304 (Part II) of the I.P.C. and accordingly directed to suffer rigorous imprisonment for ten years and to pay a fine of Rs.50, 000/- and in default of payment of fine to suffer rigorous imprisonment for two years.