K KRISHNAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is the second round of litigation for the peutioner-herein in order to secure an order for committal to Borstal School. The petitioner was born on 2-6-1969. He was convicted in Sessions Case No. 129 of 1988 for an offence under Section 302 of the Indian Penal Code and sentenced to imprisonment for life by the learned Sessions Judge, Nalgonda. The Petitioner and his brother-in-law were the accused in the criminal case, Criminal Appeal No. 399 of 1989 filed against S.C.No. 129 of 1988 was disposed of by a Division Bench of this Court by a judgment dated 20-9-1989, dismissing the appeal of the petitioner-herein and modifying the sentence of A.1, brother-in-law of the petitioner. While dismissing the appeal of the petitioner-herein, the Division Bench recommended that the State Government may pass appropriate orders under Section 10-A of the Andhra Pradesh Borstal Schools Act, 1925 (herein after referred to as "the Act"). In purported compliance with the above direction, the State Government passed an order in Memo No. 155/Prisons/B/90-1, dated 8-2-1990 refusing to commit the petitioner for detention in Borstal School, the relevant portion of which reads as follows:

(2.) Challenging the legality of the above order, Writ Petition No. 8038 of 1990 was filed on behalf of the petititoner by his mother in this Court. That writ petition was allowed by me on 3-9-1990 with the following directions:

(3.) Subsequently, the Government have passed the impugned order in G .O.Rt.No.3220, Home (Prisons-B), Department, dated 12-12-1990, the operative portion of which reads as follows: