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1963 Supreme(Raj) 63

RANAWAT, TYAGI
Surja Ram – Appellant
Versus
State – Respondent


Advocates Appeared:
B.C. Chatterji, Govt. Advocate, for State

Ranawat, C.J.—This is an application of Surja Ram son of Ratiram from jail under sec. 491 of the Code of Criminal Procedure.

2. The petitioner Surjaram was convicted by the court of the sessions Judge of Ganganagar on the 19th of July, 1948 u/Sec. 302, 307 and 309 Bikaner Penal Code and he was sentenced to death under sec. 302 and 10 years and 9 months rigorous imprisonment under sec. 307 and 309 Bikaner Penal Code respectively. The judgment of the session Judge was confirmed by the High Court of Bikaner and also by Bikaner State Council. Thereafter His Highness the Maharaja of Bikaner commuted the death sentence into a sentence of imprisonment for life by his order dated the 13th of December, 1948 (vide copy of the order at page 5 of the paper book). In the said order it was further mentioned that life imprisonment was deemed to be imprisonment for 20 years only. After the commutation of the sentence of death,the Superintendent of Jail referred the matter to the sessions Judge, Ganganagar, for clarification if the sentence of life imprisonment and the other two sentences of imprisonment passed against Surja Ram should be executed concurrently or consecutively. The Sessions Judge, G










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