SUREKHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner is the wife of convict - Bibhishan Magar, who was tried for an offence of murder under section 302 in 1981 before the Sessions Judge, Osmanabad, and by an order dated 19-8-1981, was held guilty for the alleged offence. The Sessions Judge, Osmanabad, by the said order of conviction and sentence, awarded the extreme penalty of death to the husband of the petitioner. The matter was then taken to this Court in Confirmatin Case No. 1-A/1982 with Criminal Appeal No. 37-A/1982. By an order dated 13-8-1982, this Court confirmed the order of conviction under sections 302 and 394 of Indian Penal Code, but set aside the extreme sentence of death, and instead the husband of the petitioner was sentenced to suffer imprisonment for life.

(2.) THE petitioner has approached this Court by the present writ petition for the release of her husband on the ground that he has already undergone sentence of life imprisonment as provided under the rules.

(3.) ON behalf of the respondents, an affidavit-in-reply has been filed by the Jailor Group-I of Central Prison, Aurangabad, and it is alleged that inasmuch as the husband of the petitioner was awarded the death sentence, his case comes under Guideline No. 7-a of the guidelines for premature release of the prisoners dated 18-12-1978. It is, therefore, alleged on behalf of the respondents that the husband of the petitioner is required to undergo the 30 years period of imprisonment and as such his case cannot be considered for premature release. It is the case of the petitioner that inasmuch as the sentence of death has been set aside and substituted by the sentence of life imprisonment, the case is covered by Guideline No. 1-a and the husband of the petitioner is, therefore, required to undergo 22 years period of imprisonment.