C JAYARAMI REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) On the occasion of the Golden Jubilee celebrations of India's Independence the government of Andhra Pradesh have decided to grant remission of sentence to certain categories of prisoners who were convicted of offences and sentenced to long terms of imprisonment. Presumably on the advice of council of ministers the governor of Andhra pradesh in exercise of his powers under article 161 of the Constitution of India was pleased to remit the unexpired residue of the sentences of the following class of convicted persons: (a) All the convicted prisoners sentenced to imprisonment for life and governed by section 433-A Criminal Procedure Code. and who have undergone an actual sentence of 7 years and total sentence of 10 years as on 15- 08-1997, and (b) All convicted prisoners sentenced to imprisonment for life and governed by section 433-A Criminal Procedure Code. aged more than 65 years and have undergone an actual sentence of 5 years and total sentence of 7 years as on 15/08/1997.

(3.) Appellant in this case was convicted of Section 302 of the Indian Penal Code and was sentenced to imprisonment for life. On 15/08/1997 appellant has completed a little over of 6 years of actual imprisonment. But claiming that a total sentence of 10 years had been completed by him on the said date when remissions were also added thereto, he pleaded for being included in the list of persons to be released. When that was not granted he approached the High court of Andhra Pradesh. A division bench of the High court has disposed of his writ petition permitting the appellant to make a representation to government for counting the maximum period of sentence served with remissions by deleting that portion of the G. O. which requires completion of a minimum period of 7 years. But the appellant is not satisfied with the said relief and therefore he has filed this appeal.