CHITTAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This criminal writ petition has been preferred by the Petitioner who has been convicted for offence punishable under Sections 302/24 IPC and has been awarded sentence to undergo life imprisonment by the trial court vide judgment of conviction and order of sentence dated 15.12.1998 in Sessions Case No. 88/1995. The trial court specifically held that the Petitioner shall not be entitled to set off the sentence already undergone by him during trial which set off is provided under Section 428 Code of Criminal Procedure. The Petitioner preferred DB Criminal Appeal No. 50/99 against his conviction and sentence. The Petitioner's said appeal was dismissed by the Division Bench of this Court vide judgment dated 19.5.2003 along with DB Criminal Appeal No. 409/2000 preferred by the State to challenge the acquittal of co-accused Abdul Halim and another. It appears from the judgment of this Court in the Petitioner's appeal No. 50/99 that no issue was raised by the Petitioner with respect to the trial court's order denying him the benefit under Section 428 Code of Criminal Procedure of set off the sentence served by the Petitioner during trial.

(3.) The Petitioner by this writ petition has challenged part of the order of trial court dated 15.12.1998 by which he has been denied said benefit under Section 428 Code of Criminal Procedure.