STATE OF MAHARASHTRA Vs. HARIKISHAN

JUDGEMENT

(1.) THE State has impugned the acquittal of the respondents accused in this appeal. The respondents were facing a criminal prosecution for the offences punishable under Sections 466, 468,471,218 read with 120-B, Indian Penal Code.

(2.) IT is necessary to state the facts of this case. Accused No. 1 Harikisan was convicted by the Sessions Court at Amravati for the offence of committing murder and was sentenced to undergo life imprisonment. The conviction of Harikisan was maintained throughout and it appears that Harikisan was in Central Jail at Nagpur since 23rd November 1965 serving sentence for the offence of murder.

(3.) ON 14th July 1972, the Government of Maharashtra declared a scheme of amnesty on the occasion of 25th anniversary of the Independance of India, celebrated on 15th Aug. 1972. A Circular explaining the amnesty scheme was therefore issued by the Government of Maharashtra to the concerned departments. In continuation of the earlier circular dated 14th July 1972 the Government of Maharashtra, Home Department, Bombay on 2nd August 1972 issued a letter as regards the scheme of amnesty to the Inspector General of Prisons of Maharashtra. It is at Exh. 52. Under caused of that circular, the prisoners sentenced to imprisonment for life (excluding the sentence of fine if any) who have undergone 6 years of actual imprisonment on or before the 15th August 1972 and who are suffering from T. B. or Leprosy were to be granted the amnesty by releasing them on 15th Aug. 1972 for the remaining period of their imprisonment. The aforesaid circular was addressed to all the Superintendents of Central Prisons and others. A copy of that circular was received in the Central Jail, Nagpur on 4th August 1972.