SC2296 (6,8)
ACT:
Habeas Corpus-Sentence-Transportation for life-Imprisonment
for life, if equivalent to any fixed term-Remissions, right
to--When ... transportation for twenty years for
all purposes; nor does the amended section which substitutes
the words imprisonment for life " for " transportation for
life
reference to transportation.—
(1) Subject to the provisions of sub-section (2) and sub-section (3), any reference to “transportation for life” in any other ... reference to “transportation” in any other law for the time being in force shall,— (a) if the expression means transportation for life, be construed
life'
is well settled. The sentence of imprisonment for life has
to be equated with rigorous imprisonment for life. [790 B]
(i) Transportation ... transportation for a term and not with
transportation or imprisonment for life and that the
provision is applicable to only sentences of transportation
transportation for twenty years for all purposes; nor does the
amended section which substitutes the words “imprisonment for life”
for “transportation for life” enable ... transportation for twenty years for all purposes; nor does the amended
section which substitutes the words ‘imprisonment for life’ for
‘transportation for life’ enable
alternative any other punishment except transportation for life or
6. Transportation for life and in the alternative any other punishment except death. Since the offence ... transportation another, but there is no such composite punishment as "death or transportation". Therefore, an offence punishable with death or transportation for life
have to read "imprisonemnt for life" for the words "transportation for life" in Section ... death or an offence not punishable with transportation for life."
Death or transportation for life must not be a punishment that can be legally
Mool Chand and that, therefore, Phool Chand should be given transportation for life instead of a sentence of death. It is also pointed out that ... Phool Chand's death sentence should be commuted to transportation for life.
9. I may here state the views I hold on the question
transportation for life to one of death or for commuting the sentence of death to one of transportation for life. Therefore as, on merits ... transportation for life. This was, therefore, a case in which originally the sentence of transportation for life was imposed upon the appellant. At the instance
death was, in this case, replaced by the
sentence of transportation of life, having, regard to the
time that had elapsed since the offence ... section 302 , Indian' Penal Code and sen-
tenced them to transportation for life, as it was not possi-
ble to determine who inflicted
that transportation for life shall
be regarded as equivalent to imprisonment for
twenty years. It does not say that transportation
for life shall be deemed ... amended
section which substitutes the words "imprisonment
for life" for "transportation for life" enable the
drawing of any such all embracing
