MADHU DEORAJ SHETTY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner has come up with a grievance that the State of Maharashtra has not commuted his sentence though he has undergone more than 14 years imprisonment.

(2.) THE petitioner was prosecuted for having committed the murder of a prostitute by name Lilabai for whom the petitioner was working as a pimp. By judgement and order dt. 1st Jan. 1976 he was convicted under S. 302 and sentenced to suffer rigorous imprisonment for life. The petitioner having already undergone over 14 years of imprisonment has approached this Court contending that the State Government be directed to commute his sentence and release him from imprisonment.

(3.) THIS petition is resisted by the State by filing the affidavit of Jayant Janardan deshmukh, Desk Officer, Home Department, Mantralaya, Bombay. In the said affidavit it has been, inter alia, stated that the petitioner, prior to the order of conviction, was unemployed and working as a pimp of the deceased Lilabai. He desired that the deceased should live with him as his beloved. Since she did not accept the same, he had murdered her. It is further stated that taking into account the remissions and set off, the petitioner has suffered 19 years, 5 months and 1 day imprisonment as on the 31st Jan. 1988. However, in view of the unfavourable police report, the Government decided not to consider the petitioner's case for computation at this stage and that it should be reviewed periodically before every six months till the final decision is taken. It is finally stated that the petitioner had been convicted twice for jail offences and his jail record was not satisfactory.