- (1.) Issue notice. Mr. B.N. Sandu, learned Additional Advocate General, accepts notices on behalf of the respondents.
(2.) This habeas corpus petition has been filed by petitioner Om Prakash, a convict serving sentence in the Central Jail, Bikaner. He was convicted for offence under Sections 302 and 341 of the Indian Penal Code vide judgment dated 18.05.2012 passed by learned Additional Sessions Judge (Fast Track) No.2, Sikar, Headquarters Shrimadhopur, in Sessions Case No.5/2010-State v. Om Prakash and Others. For offence under Section 341 IPC he was sentenced to suffer one month's simple imprisonment, and for offence under Section 302 IPC he was sentenced to suffer life imprisonment with fine of Rs. 5000/- and in default of payment of fine, he was to suffer additional three months' simple imprisonment. Petitioner challenged the aforesaid judgment by filing D.B. Criminal Appeal No.886/2012 - Om Prakash v. State of Rajasthan. This court, vide judgment dated 08.02.2017, allowed the appeal in part, and converted his conviction for offence under Section 302 IPC into one for offence under Section 304 Part-II of the IPC, and sentenced him to suffer seven years rigorous imprisonment with fine of Rs.50,000/- and in default in payment thereof, the petitioner was ordered to further undergo two years' rigorous imprisonment. Amount of fine was ordered to be paid to the legal heirs of deceased as compensation.
(3.) Mr. Anshuman Saxena, learned counsel for petitioner has referred to the certificate dated 22.02.2017 issued by the Superintendent, Central Jail, Bikaner, according to which, the petitioner has already served out substantive sentence of seven years on 30.06.2015 and now he has been serving out sentence of default imprisonment due to non-deposit of the amount of fine of Rs.50,000/-.;