Code of Criminal Procedure, 1973–Sec. 433-A–Penal Code, 1860–Secs. 302/304 Pt. I–Life imprisonment in the case of conviction u/s. 302–Appellate Court altered the conviction u/s. 304 Pt. I and sentence reduced up to seven years with the default sentence of one year–Petitioner is behind bars since 2.6.2004–Plea of State that the default sentence would start after the date of passing the judgment by appellate Court–Whether proper ?–Held, no–Judgment of trial Court substituted by the Court of appeal and has relocated effect from the date of the judgment of trial Court–Petitioner be released.
