BONDILI JAGANNATH SINGH Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner, who is undergoing detention in the Borstal School at Visakhapatnam, has sent a letter on 31-12-1982 to this Court to treat the same as a petition for the issue of a writ of habeas corpus and to direct the respondent to release him forthwith.

(2.) The relevant facts leading to the filing of this writ petition are set out in the counter affidavit filed by the Incharge Superintendent of the Borstal School. Bondili Jagannath Singh, the petitioner herein, was convicted under Section 302, I.P.C. and sentenced to imprisonment for life in sessions Case No. 1/76 on the file of the Additional Sessions Judge, Ongole by judgment dated 17-3-1976. He was aged 16 years at the time of such conviction. On appeal preferred by him to this Court in Criminal Appeal No. 804/76, the conviction and sentence imposed were confirmed by judgment dated 11-7-1976. While confirming the said conviction and sentence, this Court recommended to the Government that the petitioner should be sent to the Borstal School for detention under section 10-A of the Andhra Pradesh Borstal School Act, 1925 (Act No. V of 1926).

(3.) Pursuance to the said recommendation, the Government by order dated 2-9-1976 in G.O.Rt.No.2178, directed that the petitioner should be sent to the Borstal School, Visakhapatnam. From 18-9-1976, the petitioner has been in detention in the Borstal School at Visakhapatnam.