BHOLESHWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner herein has been convicted for the offence under Sec. 302 I.P.C. and has been sentenced to imprisonment for life and a fine in the sum of rupi foradian5,000.00 with stipulation that in case of default in payment of fine, he would further undergo simple imprisonment for three months by the judgment and order dated 27.2.2009 as passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Udaipur in Sessions Case No. 1/2009. An appeal (Cr.A. No. 294/2009) preferred against the judgment and order dated 27.2.2009 remains pending in this Court.

(2.) This letter petition has been sent by the petitioner stating the grievance that the period he remained under detention during the investigation, inquiry and trial of the case, commencing from 23.11.2007, has not been included in his record while being sent to prison pursuant to judgment and order dated 27.2.2009. The petitioner submits that the period of detention undergone by him before conviction, of about 15 months, deserves to be counted towards the period of his serving the sentence.

(3.) The respondents have filed a reply essentially not disputing on the basic facts. It is, however, submitted that in the warrant issued by the learned trial Court in regard to the petitioner, nothing was mentioned about the earlier period of detention and hence, such a period has not been included in his record.