RAHUL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally by consent of learned Counsel for the parties.

(2.) These three petitioners were co-accused in Sessions Trial No. 79/2003 and they were tried together on the charge of having conspired to commit murder of one Nandu and did actually commit his murder. The petitioners along with one more accused were tried for the offences punishable under Section 120-B read with Section 302 of Indian Penal Code and also under Section 302 read with Section 34 of Indian Penal Code. Prosecution of the petitioners resulted into they being found guilty for the offences with which they were charged and tried. The learned third Ad hoc Additional Sessions Judge, Nagpur by his judgment and order dated 19/8/2005 sentenced these accused persons to life imprisonment twice - one for the offence of criminal conspiracy punishable under Section 120-B read with Section 302 of Indian Penal Code and other for the offence of murder punishable under Section 302 read with Section 34 of Indian Penal Code.

(3.) As pointed out by Smt. Charlewar, learned Counsel for the petitioners, the concerned learned Additional Sessions Judge gave his opinion that for the purpose of giving of remission of sentence to these accused persons, i.e. petitioners, their case would fall in the category mentioned at serial no.3(b. of the Government Resoltuion dated 15/3/2010. His such opinion, however, was not accepted by the competent authority and the competent Authority found that the case of the petitioners would fall under category at serial no.6(c. of the Government Resolution dated 15/3/2010, which is apt for all the petitioners for the reason that they have been awarded more than one life sentence and both the life sentences have been directed to run concurrently. An order to this effect came to be passed by the respondent no.2 on 31/7/2020. This order is challenged in each of these petitions.