DUGGINABOINA CHITTEMMA Vs. STATE OF A.P.

JUDGEMENT

(1.) The present writ petition is came to be filed under Article 226 of the Constitution of India to issue a direction in the nature of Writ of Mandamus declaring the action of the respondents in not considering the petitioner's husband Sri Dubbinaboina Vara Prasad @ M.L.A. Prasad (C.T.No.1434), Central Prison, Nellore, SPSR Nellore District for special remission granted to the life convict prisoners in view of G.O.Ms.No.121 Home (Paroles & HRC Department) dtd. 14/8/2022 is illegal and arbitrary and pass necessary orders in the facts and circumstances of the case.

(2.) The petitioner's husband was convicted for the offence U/s.302 of Indian Penal Code, 1860 (for short 'I.P.C.') vide judgment dtd. 22/10/2010 in S.C.No.237/2007 and sentenced to undergo rigorous imprisonment for life and to a fine of Rs.500.00, in default, to suffer simple imprisonment for six months, for the offence U/s.302 I.P.C. on the file of III Addl.District & Sessions Judge, Nellore. He preferred Criminal Appeal No.1642/2010 on the file of this Court and it was dismissed, confirming the sentence imposed by the trial Court. Since then, he is undergoing sentence.

(3.) The Government of Andhra Pradesh issued certain guidelines vide G.O.Ms.No.91 (Paroles & HRC Department) dtd. 16/8/2021 for grant of special remission to the life convict persons on the occasion of Independence Day. The Government appointed a committee headed by the 1st respondent to review the list and recommend the names for consideration of special remission. The committee issued a letter to the 2nd respondent to prepare list of eligible convict prisoners as per G.O.Ms.No.91. The 2nd respondent prepared a list accordingly. The 1st respondent basing on the said list recommended 175 life convict prisoners for grant of special remission of sentence with certain conditions.