RAMULU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Common questions arise for consideration in these two writ petitions and they can be disposed of by a common order. The petitioners were tried for offences of murder in S.C. No. 64 of 1978 and S.C. No. 85 of 1977 and were acquitted. Appeals against acquittals were filed and the High Court set aside the orders of acquittal and sentenced the petitioners to undergo imprisonment for life, and they are undergoing the sentence. The State Government, by G.O. Ms. No. 580 D/- 20/10/1984, granted remission of sentence to certain categories of prisoners on the occasion of the anniversary of the formation of Andhra Pradesh on 1/11/1984. The petitioners claim that they are entitled to the benefit of remission under the G.O., but since they are denied, they filed these writ petitions.

(2.) The learned counsel for the petitioners submits that the petitioners, who were sentenced to imprisonment for life, are not governed by S. 433-A, Cr.P.C. and, in the G.O., a distinction is made between prisoners sentenced for life by the Courts and other prisoners who are also undergoing imprisonment for life. It is also submitted, that if Clause 2(b) of the G.O. is applied to the petitioners, then all of them are entitled to be released. To appreciate this submission, it is necessary to extract the G.O. to the extent it is relevant. Clause 2 of the G.O. reads thus :

(3.) Before we examine the scope of Clause 2(a) and (b) of the G.O., it is necessary to note that the prisoners are not governed by S. 433A, Cr.P.C., inasmuch as the date of their conviction is deemed to be prior to 18-12-1978, viz., before S. 433-A was introduced. The trial Court, acquitted accused (petitioners in W.P. No. 15562 of 1984) on 2-11-1978 and the other (petitioners in W.P. No. 15562 of 84) on 7-11-1977. The High Court allowed the State Appeal in respect of the first set of petitioners on 28-7-1980 and the other case on 4-9-1981, which dates are subsequent to the date on which S. 433-A came into force. But, in Maru Ram v. Union of India, AIR 1980 SC 2147 : (1980 Cri LJ 1440), the Supreme Court held that the appellate conviction must relate back to the date of the trial Courts verdict and substitute it. Therefore, the convictions of the petitioners should be deemed to have been awarded prior to the coming into force of S. 433-A and consequently they are not governed by S. 433-A.