SAIBANNA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned counsel Smt. Ragini Ahuja appearing on behalf of the petitioner, the learned HCGP Sri Kiran Kumar for respondent Nos.2 to 4, learned CGC Sri Jayakara Shetty for respondent No.1 and the learned Senior counsel Sri Vikram A Huilgol, Amicus Curiae.

(2.) Facts in brief - are that the petitioner, a 70 years old death row convict has approached this Court being aggrieved by the rejection of his Mercy Petition dtd. 29/4/2005 by proceedings of His Excellency the President of India dtd. 4/1/2013.

(3.) The factual matrix of the case is that the petitioner appeared before the jurisdictional Afzalpur Police Station on 9/1/1988 and lodged an FIR stating that he had killed his wife Malkawwa as she was in an illicit relationship with another man and that had greatly disturbed him. The police effected arrest and completed the formalities and he was sent to judicial custody and during his stay, he came in contact with PW-1, one Dattu, who offered the hand of his daughter in marriage after his release. The petitioner was released on bail in S.C.No.32/1988 somewhere around July 1988 and during his stay on bail, the marriage with one Nagamma, daughter of PW-1 ensued and out of the marriage, the petitioner and the said Nagamma begot one girl child by name Vijayalakshmi.