Judgment

GOSWAMI, J. - The short question in this appeal by special leave is whether a person sentenced to imprisonment for life and later released by the Government by remission of the sentence under S. 401, Cr. P. C., 1898, continues to "being under sentence of imprisonment for life" for the purpose of S. 303, I. P. C.

2. The appellant had earlier been convicted on July 26, 1961, by the High Court of Mysore under S. 302, I. P. C. and sentenced to imprisonment for life in an appeal by the State against his acquittal.

3. The earlier murder was on December 3, 1959. The State Government in exercise of its power under S. 401, Cr. P. C. conditionally remitted his sentence on February 8, 1972. Thus he was conditionally released from jail on February 8, 1972. Tragically enough, on January 27, 1973, the appellant got himself involved in the present murder charge even before the expiry of the first year of his release, He was convicted under S. 302 and S. 303, I. P. C. by the Sessions Judge, Kolar, on November 7, 1974 and sentenced to death under S. 303, I. P. C. On an appeal to the High Court by the appellant which was heard along with the reference for confirmation, the sentence of death un