ANIL LALA SOUNDADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PETITIONER, who is a life convict for an offence of murder punishable under section 302 of the Indian Penal Code, has presented the present petition claiming that he is entitled to be released on his completing 22 years of imprisonment including remission period. He has been found guilty of committing the murder of one Leela Lahanu Gaikwad, whose husband, at the relevant time, was incarcerated for an offence committed by him. In his absence, deceased Leela appears to have developed illicit relations with the petitioner. As far as the details of the incident in question are concerned, the same can be gathered from the dying declarations made by the deceased prior to her death. In respect of the declaration made by her to P. W. 6 Dr. Gulshan Gupta, he has deposed as follows :

(2.) ON the aforesaid facts, Shri Jamdar, the learned advocate appearing on behalf of the petitioner, has contended that the case of the petitioner would fall under guideline 1 (a) and hence he is entitled to be released on his completing 22 years imprisonment. Prayer for release, made by the petitioner, is opposed by the learned Public Prosecutor contending that the petitioners case falls under guideline 1 (e) and hence the petition is liable to be dismissed.

(3.) GUIDELINES 1, which is relevant for the present enquiry, provides, asunder: