Palapra Muhammed @ Baputty and Another vs State of Kerala

M. Sasidharan Nambiar, J.—Petitioners, the accused in S.C. No. 136/1995 on the file of Sessions Court, Manjeri, were convicted and sentenced to rigorous imprisonment for eight years and compensation of Rs. 25,000/- each to the dependents of the deceased and in default, to undergo rigorous imprisonment for a period of one year each. The conviction and sentence were confirmed by this Court under Annexure-B judgment. Though a SLP was filed before the Honourable Supreme Court, by Annexure-C order, it was dismissed. Case of the Petitioners is that even though the period of imprisonment is over, on the failure of the Petitioners to pay compensation within six months as provided under Annexure-A judgment, learned Sessions Judge is insisting that Petitioners have to undergo the default sentence of rigorous imprisonment for one year.

Learned Counsel appearing for he Petitioners and learned Public Prosecutor were heard.

If the period of substantive sentence awarded under Annexure-A judgment is over, Petitioners cannot be detained further to undergo the default sentence for non payment of compensation. If Petitioners deposit the compensation before the Sessions Court, they cannot be directed to undergo the default sentence. As and when the compensation is deposited in court, the default sentence shall stand terminated. Though it was not paid within the period provided under Annexure-A judgment, learned Sessions Judge shall issue necessary direction to release the Petitioners from jail, provided the period of substantive sentence is over.

Petition is disposed.