N KRISHNAIAH Vs. GOVT OF ANDHRA PRADESH

JUDGEMENT

(1.) In all the above writ petitions a common question of law is involved and therefore they are disposed of by a common order.

(2.) W. P. No. 3076 of 2000: The convict is the father of the petitioner herein. He was convicted for the offences punishable under Sections 148 and 302 read with Section 149, IPC and also under Section 3 of the Explosive Substances Act by the Sessions Judge, Ananthapur in Sessions Case No. 105 of 1984 on 22-7-1985 and he is undergoing the sentence. Criminal Appeal No. 672 of 1985 filed by the convict was dismissed. It is pleaded by him that he has undergone the sentence of 9 years 7 months and 20 days and remand period of two months 26 days. Thus, the total sentence undergone by the convict is 13 years 2 months and 16 days including special remission given by the Government from time to time as on 26-1-2000.

(3.) W.P. No. 5760 of 2000: The convict is the brother of the petitioner herein. He was tried by the Sessions Judge, Cuddapah in Sessions Case No. 236 of 1990 and was convicted for the offence punishable under Section 302, IPC and sentenced to suffer imprisonment for life and he was also found guilty of the offence punishable under Section 3(1) of the Dowry Prohibition Act, but no separate sentence was provided. The convict filed Criminal Appeal No. 212 of 1992 before this Court and also S.L.P. before the Supreme Court were dismissed. After conviction, the convict was sent to Central Jail, Cuddapah. It is pleaded by him that he has undergone the sentence of 7 years and 16 days and remand period of 10 months. Thus, the total sentence undergone by the convict is 10 years 4 months and 16 days including the remission given by the Government from time to time as on 26-1-2000.