NARSIA Vs. STATE

JUDGEMENT

(1.) THIS is a petition under sec. 491 of the Code of Criminal Procedure by Narsia, son of Dayachand Jat of Karera Kalan. He was convicted by the Sessions Judge of Jaipur on the 16th of January, 1939, for an offence under sec. 290 of the then Jaipur Penal Code, 1924, which corresponds now to sec. 302 of the Indian Penal Code, and sentenced to twenty years' rigorous imprisonment. It may be pointed out that the punishment provided for an offence under sec. 290 of the Jaipur Penal Code was a sentence of death or imprisonment for life. The sentence for imprisonment for life was understood to be equivalent to a sentence of imprisonment for 20 years. The same Judgment was upheld on appeal to the then Chief Court of Jaipur, but it was added that the murder was most brutal, and the accused will not be granted any remission. A sentence of life imprisonment required confirmation by the Darbar, and on the case coming up to the Darbar (His Highness in Council), it was ordered that the sentence of life imprisonment be confirmed, and the life sentence was to run for 25 years, and the remissions would not exceed five years.

(2.) NARSIA has now applied on 9th August, 1953, that he has under-gone actual rigorous imprisonment for a period of 14 years, 6 months and 23 days, and this period taken together with the remissions granted to him is more than 20 years, and he should now be released. The Superintendent of Central Jail, Jaipur, under his report of the 12th August, 1953, has intimated that the petitioner has served an actual sentence of 14 years, 6 months and 23 days, and he has been allowed special remissions for 5 years, 1 month and 10 days and ordinary remissions for 3 years, 1 month and 21 days, and has thus undergone a sentence of 22 years, 9 months and 24 days.