KARTAR SINGH Vs. STATE OF HARYANA THROUOH INSPECTOR GENBRAL OF PRISON CHANDIGARH
SUPREME COURT OF INDIA
STATE OF HARYANA
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(1.) The benefit of the set off contemplated by sec. 428 of the Criminal Procedure Code would not be available to life convicts. A perusal of several sections of the Indian Penal Code as well as Criminal Procedure Code will show that both the Codes make and maintain a clear distinction between imprisonment for life and imprisonment for a term, in fact, the two expressions "imprisonment for life" and "imprisonment for a term" have been used in contradistinction with each other in one and the same section, where the former must mean imprisonment for the remainder of the natural life of the convict, and the latter must mean imprisonment for a definite of fixed period. Having regard to such distinction which is being maintained in both the Codes it will be difficult to slur over the distinction on the basis that life convicts should be regarded as having been sentenced to life term or to say that the two could be understood as interchangeable expressions because basically the life term of any accused is uncertain.;
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