SUNIL B. PINGALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for both sides.

(2.) By this petition, the petitioner is praying for premature release under section 433-A of the Code of Criminal Procedure, 1973.

(3.) Before we consider the prayer of the petitioner, it would be necessary to state few facts. By judgement and order dated 27th August 1997, the learned Sessions Judge, Pune had convicted the petitioner in Sessions Case No. 363 of 1994 for the offence under section 302 of Indian Penal Code, 1860 (IPC) for causing the death of his mother-in-law Deubai and again under section 302 of IPC for causing the death of cousin sister-inlaw Jayashri. The petitioner was sentenced to death on these two counts. In addition, the petitioner was also convicted for the offence under section 307 of IPC for attempting to commit murder of his wife Sunita and cousin sister's husband Gajanan and the petitioner was sentenced to 7 years imprisonment on these two counts. The petitioner was also convicted under other sections of IPC. The petitioner preferred an appeal against the said conviction and sentence, which came to be dismissed by the High Court. Being aggrieved thereby, the petitioner approached the Hon'ble Supreme Court, the Hon'ble Supreme Court had confirmed the conviction and sentence as imposed by the trial court. Thereafter, the petitioner preferred a mercy petition under Article 72 of the Constitution of India to the President of India.