Case Summary : ABUL AZAD VS THE STATE

Author : AKASH KRISHNAN

Citation: 1976 CriLJ 315

Bench: P Chandra, S Basu

INTRODUCTION

Section 300 of the Indian Penal Code defines murder as an act which is done with the intention to cause death with adequate amount of force which would cause the death of an individual and the person committing the offence knows that his action would result in the death of the other party. Section 302 talks about the punishment for the same, which is either death penalty or imprisonment for life and may also include fine.

According to Section 428 of the CrPC, the amount of time which takes for investigation and trial of the individual shall be set off against the individual suffering sentence. The following case is based on similar grounds.

FACTS

Abdul Azad, the Petitioner was convicted with life imprisonment for the offence of Murder under Section 302 IPC. He approached the court with the prayer for setting aside the period he underwent imprisonment during the course of investigation and trial of the offence.

Section 428 of the Criminal Procedure Code states that any term of imprisonment which is undergone by the convicted person during the course of trial shall be set off against the punishment which is imposed upon him. Section 57 of the Indian Penal Code prescribes that when the calculation for the total time of life imprisonment is considered, it amounts to 20 years. 

ISSUE

1. Whether imprisonment for life be equated to 20 years?
2. Whether Section 428 of CrPC can be read along with Section 57 IPC?

JUDGEMENT

An imprisonment for life, without any remission by the Govt. cannot be treated as a punishment for a particular number of years and cannot be confined to the boundaries under Section 57 of IPC.

Only when imprisonment for life is commuted or remitted by the Government can it be confined to a particular number of years. And only in such cases, when the punishment is reduced to a definite term, the provisions of Section428 CrPC can be applied.

Thus, in the present case since the punishment is not remitted or commuted the term of imprisonment spent by the petitioner during the trial and investigation cannot be set off against him.