DINESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPLICANT was the appellant in D. B. Criminal Appeal No. 569/2001 which was partly allowed on July 18, 2005 and the applicant was convicted and sentenced under section 304 Part I IPC to suffer rigorous imprisonment for a period of 8 years and fine of Rs. 10,000/- in default to further undergo rigorous imprisonment for one year. Now the applicant has prayed to issue direction under section 428 Cr. P. C. for setting off the period for which he was in detention during investigation and as under trial prisoner.

(2.) IT appears from the record that the applicant remained in police custody from March 19, 1999 till March 20, 1999 and in judicial custody from March 20, 1999 till the date of judgment of the Trial Court i. e. July 24, 2001, but since this period was not incorporated in the warrant of commitment, benefit of set off was not given to him.