K BALAKRISHNAN Vs. SUPERINTENDENT CENTRAL PRISON TIRUCHIRAPALLI

JUDGEMENT

(1.) THE petition seeks a direction to the respondents to apply G.O.Ms.No.180, Home Department, dated 28.1.1989 and G.O.Ms.No.781,Home Department, dated 11.4.1990, in favour of the petitioners.

(2.) THE facts in brief are: THE petitioners were charge-sheeted along; with two others for offences under Secs.342, 352 and 302 read with Sec.34, I.P.C. THE learned Sessions Judge, West Thanjavur in S.C.No.42 of 1983 on his file, found them not guilty of any of the offences and acquitted them on 17.2.1984. THE State of Tamil Nadu preferred an appeal in C.A.No.82 of 1985 in this Court against the acquittal of the accused by the learned Sessions Judge. This Court allowed the appeal in part on 11.4.1991 and found the petitioners guilty for offence under Sec.342, I.P.C. and convicted and sentenced them to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000 each. THE -petitioners seek the benefit of the Government Orders referred to supra.