- (1.) BY filing an application, being C. R. A. N. No. 1600 of 2009, the convict/appellant, Pancham @ Kebal Rai, sought for his release from the condemned cell and prayed for direction for shifting to the general ward. The backdrop of the present case is :-
(2.) THE appellant/convict was tried for the offences under Sections 302/394 of i. P. C. The case, being Sessions Case No. 97 of 2005 [s. T. No. 1 (12)05], ended in the judgment and orders dated 16. 09. 2008, 18. 09. 2008, 20. 09. 2008 and 23. 09. 2008. Learned Trial Court found the appellant guilty of the offence under sections 302/394 of I. P. C. He was sentenced to death for the offence under section 302 of I. P. C. and was further sentenced to suffer imprisonment for life for his conviction under Section 394 of the I. P. C. Learned Trial Court quite rightly referred the matter to this Court for confirmation of the sentence of death.
(3.) MR. Jayanta Narayan Chatterjee, appearing as learned Counsel for the appellant/convict, submitted that the appellant had been kept confined in the condemned cell in view of the sentence of death inflicted upon him. Mr. Chatterjee submitted that since such sentence awaits confirmation, it was not right on the part of the prison authorities to keep him in the condemned cell.;