PRAVINBHAI BABABHAI CHAUHAN Vs. STAE OF GUJARAT

JUDGEMENT

(1.) The present application is listed in view of a communication dated 05/21/8/2023 written by the Deputy Superintendent of Jail, Ahmedabad Central Jail to the registrar seeking opinion of this Court for grant of remission to the convict-Pravinbhai Bababhai Chauhan under the provisions of Sec. 433A of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C.) as he has completed more than 14 years of sentence.

(2.) The jail remarks show that the applicant has completed 15 years and 6 days of incarceration as on 19/8/2023. The same also shows that his conduct is not good. Thus, the applicant-convict is seeking remission as per the prevailing policy of the State Government, after completion of 15 years of sentence.

(3.) At this stage, it would be apposite to refer to the observations made by the Coordinate Bench of this Court in the order dtd. 10/7/2013 passed in Criminal Appeal No.966 of 2008 confirming the sentence recorded by the trial Court convicting the accused for the offences punishable under Ss. 302 and 498A of the Indian Penal Code, 1860. The relevant facts, as recorded by the Coordinate Bench and as per the Dying Declaration of the deceased at Exh.20, are as under: