CHHOTIA Vs. STATE

JUDGEMENT

(1.) THE following question has been referred to this Full Bench for an answer: - "whether under sec. 491 Cr. P. C. this Court can examing the legality of a sentence passed by the ['highest tribunal of one of the integrating States even when such judgment by which such sentence was awarded had become final long before the coming into force of the Constitution of India, and whether if the sentence if found to be not in accordance with law this Court should order the release of such a convict or whether this court should substitute other sentence which should and could have been passed in accordance with law at that time. "

(2.) THE facts, which gave rise to this reference are these : One Chhotia was convicted by the Court of Sessions Judge, Jaipur, under sec. 290 read with sec. 27 of the Jaipur Penal Code, and sentenced to life imprisonment. THE conviction and sentence were confirmed by the Chief Court of Jaipur on the 24th of December, 1941. According to the procedure then in force, the matter was further referred to the Darbar for confirmation, and the Darbar confirmed the sentence on the 12th of September, 1942. In the order confirming the sentence it was specified that the prisoner would undergo rigorous imprisonment for 25 years, and the remissions would not exceed five years.