P. VEERA BHAARATHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner herein P. Veera Bhaarathi, a life convict, has approached the Government for premature release from life imprisonment. His request was declined by the Government vide impugned Government Order in G.O.(D)No. 227, Home (Prison - IV) Department, dtd. 23/2/2017. The petitioner challenging the said order, has initially filed H.C.P MD) No. l038 of 2017. This Court pointed to the petitioner that his detention is not an illegal detention, but lawful custody of the State in view of the conviction, therefore, the Habeas Corpus Petition is not maintainable. Hence, the petitioner sought leave to convert the same as Writ Petition. Accordingly, the Habeas Corpus Petition was converted into a Petition seeking a Writ of Certiorarified Mandamus, for the relief stated above.

(2.) Before adverting to the merits of the case, certain facts, which are relevant, are narrated below.

(3.) The petitioner herein is the first accused in S.C.No. 30 of 1999, on the file of the Principal Sessions Court, Virudhunagar. He along with two others were charged for the offences under Ss. 302 I.P.C. and 376 I.P.C., besides other offences. The trial Court found all the three accused including the petitioner herein guilty of offence under Sec. 302 read with Sec. 34 of I.P.C. and all other offences. He was sentenced to death for the offence under Sec. 302 read with Sec. 34 of I.P.C and for other offences, he was sentenced to undergo rigorous imprisonment ranging from 3 years to 10 years. The sentence imposed on the petitioner by the trial Court is as below:-