NAKU LAMA BHUTIA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Though it has been registered as an Appeal, it starts with a representation sent by a convict from the jail for remission of his sentence.

(2.) While admitting the appeal we called for a detail statement relating to the period of detention and other particulars of the convict. The Superintendent of Police (Jail) has sent the report. On the earlier date this Court appointed Shri G. P. Roy, a Senior Advocate of this Court to assist the Court as amicus curiae. Shri Roy agreed to present the appeal.

(3.) From the statement sent by the jail authorities we find that the accused was convicted on 13-10-93 for offences under Section 302/326, I. P.C. The case was, however, initiated in 1988. The quantum of sentence is imprisonment for fourteen years. The accused (now convict) was first sent to the jail on 27-9-88 as an under trial prisoner. He was in jail for five years, one month and three days. After sentence he is in same custody for a continuous period of two years, seven months and ten days as on 10-6-96. In the meantime the convict earned a remission for two months. To sum up the statement regarding confinement of the accused, pre and post-trial, it would appear that he is in custody continuously from 27-9-88.