MUNNA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The Court is convened through Video Conferencing. This Writ Petition has been filed seeking the premature release of the Petitioner, on the ground that he has already suffered around 30 years of imprisonment.

(2.) The facts underlying this petition merit some elaboration. The Petitioner was a named accused in an incident that took place in a village in Uttar Pradesh in 1989 between two factions, which resulted in the death of 11 individuals as a result of the use of firearms and sharp weapons. The present Petitioner, along with 20 other coaccused persons, was alleged to have been involved in the offence, regarding which FIR No. 40 of 1989 was registered under Sections 148, 302, 307 and 332 read with Sec. 149, IPC and Sec. 25, Arms Act. The Trial Court convicted the Petitioner under Sections 302, 307 and 332 read with Sec. 149, IPC and Sec. 148, IPC which was affirmed by the High Court vide judgment dated 20.05.1994 which was also upheld by this Court vide order dated 04.05.1995. The Petitioner is currently undergoing the sentence imposed on him of imprisonment for life, and has been in jail since the date of his arrest on 02.02.1989 (except for a brief period of around 2 years when he was released on goodwill by the government of Uttar Pradesh). Heard learned counsel for the parties and carefully perused the record.

(3.) It is submitted by the learned counsel for the petitioner that Writ Petition (Crl.) No. 58 of 2020, with Writ Petition (Crl.) No. 45 of 2020, which were filed by some of the co?convicts seeking similar relief, have been allowed by another Bench of this Court vide order dated 05.08.2020.