SHANKER Vs. STATE

JUDGEMENT

(1.) THE petitioners have been convicted by the Sessions Judge, Udhampur, in Criminal Case No. 3 of 1974 for an offence under Section 302, R. P. C. and they have been sentenced to undergo life imprisonment. The Sessions Judge has also referred their case to this Court under Section 374, Criminal P. C. for confirmation of the sentence passed by him. The petitioners have also filed an appeal against the conviction and sentence passed against them. They have now filed the present application for being released from jail pending confirmation by the High Court of the sentence passed against them.

(2.) SECTION 309 of the Criminal P. C. (hereinafter referred to as the Code) empowers the Sessions Judge to pass sentence according to law on an accused who is convicted, and the sentence which the Sessions Judge is authorised to pass on a person who is convicted under Section 302, R. P. C. is either a sentence of death or a sentence of life imprisonment. This power is however subject to Section 31 (2) of the Code which provides that "a Sessions Judge or Addl. Sessions Judge may pass any sentence authorised by law, but any sentence of death or of life imprisonment passed by any such Judge shall be subject to confirmation by the High Court. " Section 374 of the Code provides that

(3.) UNDER the Indian Criminal P. C. it is only a sentence of death passed by a Court of Session that cannot be executed unless confirmed by the High Court. Under that Code the Sessions Judge while submitting the proceedings to the High Court for confirmation of the death sentence, commits the convicted person to jail along with a warrant in Form No. XXXIV prescribed in Schedule V to that Code, and by virtue of that warrant the Sessions Judge authorises the Superintendent of the jail to which the convicted person or persons is/are sent "to receive the said (Prisoner's name) into your custody in the said jail, together with this warrant, and him there safely to keep until you shall receive the further warrant or order of this Court, carrying into effect the order of the said Court. " The Indian Criminal P. C. therefore, provides for the detention in jail of a prisoner sentenced to death until the confirmation of the said sentence by the High Court.