Case Note & Summary
The applicant, Namdeo @ Ram Krushna Khot, was convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860, and sentenced to rigorous imprisonment for life by the Bombay High Court in an appeal preferred by the State of Maharashtra against his acquittal by the Sessions Judge, Kolhapur. The applicant filed a criminal application seeking set-off of the period of detention undergone by him during investigation, inquiry, and trial under Section 428 of the Code of Criminal Procedure, 1973, which was not granted at the time of disposal of the appeal. The court noted that the applicant had been in custody as an undertrial prisoner and that the period of such detention was liable to be set off against the sentence of life imprisonment. The court allowed the application, directing the jail authorities to compute the sentence after setting off the period of detention already undergone by the applicant.
Headnote
A) Criminal Procedure - Set-off of Detention - Section 428 CrPC - Life Imprisonment - The applicant, convicted under Section 302 read with Section 34 IPC and sentenced to life imprisonment, sought set-off of the period of detention undergone during investigation and trial. The court held that the period of detention undergone by the applicant as an undertrial prisoner is liable to be set off against the sentence of life imprisonment imposed upon him, and directed the jail authorities to compute the sentence accordingly. (Paras 1-5)
Issue of Consideration
Whether a convict sentenced to life imprisonment is entitled to set-off of the period of detention undergone during investigation, inquiry, or trial under Section 428 of the Code of Criminal Procedure, 1973.
Final Decision
The application is allowed. The period of detention undergone by the applicant during investigation, inquiry, and trial is liable to be set off against the sentence of life imprisonment imposed upon him. The jail authorities are directed to compute the sentence accordingly.
Law Points
- Section 428 CrPC
- set-off of pre-conviction detention
- life imprisonment
- period of detention
- computation of sentence
