RAMBHAU PANDURANG WANKHEDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Heard forthwith by consent of parties.

(2.) THIS petition is filed by a prisoner who is sentenced to rigorous imprisonment for seven years in a subsequent case after the initial sentence of imprisonment for life offence punishable under section 376 of I. P. C. In the present petition, the petitioner has challenged the order dated 30th April, 1998 passed by the respondent placing him under category 8 (a) contained in Government Policy Guideline dated 11-5-1992 and calling upon him to undergo imprisonment for 30 years and subsequent direction of the Jail Authorities that subsequent sentence of rigorous imprisonment for seven years is to be undergone after the initial sentence of imprisonment for life.

(3.) THE grievance of petitioner is that while considering the period required by him to be undergone in jail, he has been categorised as falling in Category No. 8 (a) as per the Guidelines issued by the Government on 16th November 1978 as modified further on 11th May, 1992. In addition the sentence of 7 years rigorous imprisonment which is imposed subsequent to the imposition of sentence of life imprisonment on him although that case was instituted earlier is, according to the Jail Authorities, to run consecutively and not concurrently.