RAYAPUDI LAKSHMI Vs. SUPERINTENDENT CENTRAL PRISON RAJAHMUNDRY

JUDGEMENT

(1.) This application filed by one Smt. Rayapudi Lakshmi taken up as Public Interest Litigation, raises a question as to whether the period of 760 days availed as parole by her husband Sri Rayapudi Venugopal who was undergoing life imprisonment would be treated as part of sentence.

(2.) The petitioner's husband was convicted for the offence punishable under Sections 302 and 148, IPC and sentenced to undergo life imprisonment by a Judgment and Order of the First Addl. Sessions Judge, Machilipatnam in S.C.No. 202 of 1990. He had been on parole on four occasions viz., for 152 days as per the orders issued in G.O. Rt. No. 1946, Home (Prison-C) dated 19-7-1995, for 61 days as per the orders in G.O. Rt. No. 1708 dated 2-8-1996, for a period of 273 days by virtue of the orders issued in G.O.Rt. No. 1728 dated 4-7-1977 and again for a period of 274 days as per the orders in G.O.Rt. No. 268 dated 6-2-1999, totalling a period of 760 days. He surrendered to the prison on 17-11-1999. He was also released on furlough for a period of 14 days in the year 1997 and surrendered to the prison on 10-5-1997.

(3.) According to the petitioner, all life convicts are entitled to the following benefits: