ARJUN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HAS is an application by Arjun, son of Sarwan Mina, under Article 226 of the Constitution of India, and also Under Section 491, Criminal P. C.

(2.) THE petitioner was convicted Under Section 290 OF the Jaipur Penal Code (corresponding to Section 302 of the Indian Penal Code) by the Sessions Judge of Jaipur ob 11-5-1942, and sentenced to life imprisonment, which was described by the Sessions Judge as equivalent to 25 years' rigorous imprisonment. The judgment of the Sessions Judge was confirmed by the then High Court of Jaipur on 212-1942.

(3.) THE case of the petitioner is that after taking into account the remission awarded to him, he has already undergone a sentence of a little more than 20 years' rigorous imprisonment and According to the law then in force a sentence of life imprisonment passed by the Courts of the former Jaipur Slate has been held to be of 20 years' rigorous imprisonment only, and that he is,therefore, entitled for be released from jail. The jail authorities, it is said, are detaining him on the assumption of his sentence being of 25 years' rigorous imprisonment as specified in the warrant of imprisonment by the Sessions Judge of Jaipur.