SHANKAR RAO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition has been filed by the petitioners challenging the report/memo dtd. 16/3/2017 sent by the Special Judge (Atrocities), Special Court, District Raipur (CG) to concerned Jail Superintendent, whereby, the concerned Judge, in a mechanical manner, without assigning sufficient reasons, drew a negative opinion on the application filed by the petitioners for remission of their jail sentence.

(2.) The petitioners have been convicted vide judgment dtd. 7/6/2003 passed in Special Sessions Case No.45/2002 by the Special Judge (SC/ST Act, 1989), Raipur. The proceedings of the case emanated from Crime No.395/2001 registered at Police Station Tikrapara, Raipur. The petitioners moved an application under Sec. 432 of Cr.P.C. for remission of their remaining jail sentence, however, the Presiding Officer recommended/opined that the petitioners be not given remission in their sentence.

(3.) Brief facts of the case are that the petitioners were convicted vide judgment dtd. 7/6/2003 passed in Special Sessions Case No.45/2002 by the Special Judge (Atrocities), Raipur under Ss. 147, 148 and 302 read with Sec. 149 of IPC and sentenced to undergo RI for one year, RI for two years and imprisonment for life and pay a fine of Rs.500.00, in default of payment of fine to undergo further RI for two months respectively. However, vide Criminal Appeal No.719/2003, which was partly allowed by this Court on 8/4/2008, the petitioners along with other co-accused were convicted only under Sec. 302 read with Sec. 34 of IPC and sentence of life imprisonment and fine imposed upon them were maintained.