P. MURUGAN Vs. STATE

JUDGEMENT

(1.) THE petitioner is a life convict, who suffered the conviction and punishment for the commission of the offence under Section 302 IPC, vide judgment dated 07.09.2004, made in S.C. No. 39 of 2004 by the Court of Principal Sessions Judge, Virudhunagar District at Srivilliputhur. The appeal preferred by him in C.A.(MD).No. 46 of 2007 on the file of this Court has also ended in dismissal and thereby confirming the conviction and sentence awarded by the trial Court.

(2.) THE petitioner filed Cr.M.P. No. 184 of 2013 on the file of the Court of Principal Sessions Judge, Virudhunagar District at Srivilliputhur, under Rule 226 of the Tamil Nadu Prison Manual for 'A' Class facility in prison stating among other things that by education and habit of living, he is eligible to 'A' Class facility in prison. The said petition came to be dismissed on 19.06.2013 stating among other things that only subsequent to his punishment, he became qualified and it cannot be a criteria to offer him 'A' Class status in prison and challenging the same, the present revision is filed.

(3.) MR . C. Ramesh, learned Additional Public Prosecutor would contend that it is for the concerned Court to make initial recommendation and till the recommendation is confirmed, the concerned individual, who make such an application, shall be treated as belonging to the Class recommended and prays for appropriate orders.