PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) D. B. Criminal Appeal No. 372/95, Basanta & Another vs. State of Rajasthan was decided by a Division Bench of this Court Quorum : Hon'ble S. K. Keshote and F. C. Bansal JJ, Justice S. K. Keshote was heading the Bench), on 12th of November, 2002. In terms of the order as was passed, by the Division Bench on 12th of November, 2002 the accused appellant Basanta, who was convicted under Section 304 Part II, I. P. C. , was sentenced to undergo six years R. I. with a fine of Rs. 5000/- (Rs. five thousand only) and, in default, of payment of fine he was to further undergo rigorous imprisonment for a period of one year. It was also recorded by the Division Bench, while deciding the appeal, that the accused Basanta had already undergone the sentence for more than six years, as per the record, and on depositing the fine he was to be set at liberty forthwith, if not required in any other case.

(2.) PETITIONER Prakash, who is a relative of accused Basanta, has filed this Petition of Habeas Corpus with the allegation that accused Basanta has already served the sentence for a period of more than what he was required to serve and it has been categorically stated in the petition that he has served the sentence for a period of seven years and ten months whereas the substantive sentence required to be undergone by him in this case was only six years and a further period of one year in case of default to pay the fine of Rs. 5000/ -.

(3.) THE petition is allowed accordingly. .