STATE OF ANDHRA PRADESH Vs. KOMALLA KRISHNAIAH

JUDGEMENT

(1.) This appeal is filedby the State of Andhra Pradesh, represented by its Principal Secretary, Home Department and the Inspector General of Prisons, Government of Andhra Pradesh, Hyderahad, against the order dated 8/11/1991 in Writ Petition No. 4156 of 1991, passed by a learned single Judge, directing the appellants to transfer the respondent herein from the Central Prison, Chenchalguda, Hyderabad to any Borstal School, for detention till he completes the age of 23 years, and thereafter to set him at liberty.

(2.) Facts necessary for this appeal may briefly, be stated thus : The respondent was born on 2/06/1969. He was convicted for murder, that occurred on 10/09/1987 and sentenced toundergo imprisonment for life, by the Sessions Judge, Nalgonda, by judgmentdated 28/02/1989 in Sessions Case No. 129 of 1988 on his file. Criminal Appeal No. 399 of 1989, filed by the respondent was dismissed by a Division Bench of this court on 20/09/1989. Since the respondent was aged 20 years, three months and eighteen days, on the date when the judgment was delivered, i.e., 20/09/1989, the Division Bench, recommended to the State Government to pass appropriate orders u/S. 10-A of the Andhra Pradesh Borstal Schools Act, 1925 (hereinafter referred to as the Act). Consequently, the State Government passed an order in its Memo No. 155/Prisons/B90-1, dated 8/02/1990, refusing to commit the respondent for detention in Borstal School, in the following terms :

(3.) Mother of the respondent challenged the legality of this order by filing W.P. No. 8038 of 1990, which was allowed by a learned single Judge on 3-9-1990. The operative portion of thesaid order is as follows :