JANABAI MAHADEORAO LOKHANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The mother of the convicted accused has addressed a letter to this Court which has been directed to be treated as Criminal Writ Petition. The learned Advocate Mr.Gawanker was appointed to assist the Court in relation to the case of the Petitioner.

(2.) He has made considerable efforts in this regard as also managed to find out the guidelines issued by the State of Maharashtra under Sections 302 and 432 of the Code of Criminal Procedure, 1973 in regard to the remission and parole. As rightly pointed out by the learned Advocate for the Petitioner, the powers to exercise by the State Government are under Section 432 of the said Act with corresponding section 433-A thereof. This provision is required to be considered for the purpose of the present petition because the son of the Petitioner came to be convicted for the offence punishable under section 302 in the Sessions Case No.50 of 1944 by the Court of Additional Sessions, Sangli. He said to have been done to death of Phulabai.

(3.) Initial impression was that inspite of the efforts made either by the Accused or by the mother, the State Government is not looking into it at all. The affidavit filed by the State clearly indicates that the case for the aforesaid purpose has been considered and it has been categorised under i(e) of the New Guidelines of Home Department issued on 11th May, 1992.