KOSHY, J. :- Petitioner who was an accused in the Vypin Liquor Tragedy case was sentenced to undergo rigorous imprisonment for a period of seven years. The Supreme Court enhanced the above punishment to one of imprisonment for life. He wanted to set off the under trial period spent by him in jail against the sentence of imprisonment under S. 428 of the Code of Criminal Procedure. Learned single Judge before whom it was posted referred the matter to Division Bench.

2. Since interpretation of S. 428, Cr.P.C. is involved, the above section is extracted below :

"428. Period of detention undergone by the accused to be set off against the sentence of imprisonment - Where an accused person has, on conviction, been sentenced to imprisonment for a term, not being imprisonment in default of payment of fine, the period of detention, if any, undergone by him during the investigation, inquiry or trial of the same case and before the date of such conviction, shall be set off against the term of imprisonment imposed on him on such conviction, and the liability of such person to undergo imprisonment on such conviction shall be restricted to the remainder, if any, of the term of imprisonm