KAVURI SUDESTHAMMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This application is filed under S. 482 Cr.P.C. praying for cancellation of the parole granted to respondents 2 to 4, who are accused Nos. 1, 2 and 4, in crime No. 62/82 of Martur P.S. and SC. No. 9/83. Respondents 2 and 3 are the appellants in Criminal Appeal No. 920/83 and respondent No. 4 is the appellant in Criminal Appeal No. 921/83, on the file of this Court. The petitioners are wife and mother of late Kavuri Venkateshwarlu, Bobbepalli, Addanki taluq, Prakasam district. The said Kavuri Venkateshwarlu was murdered in the village on 13-7-1982. Respondents 2 to 4 and 7 others were prosecuted in this matter and four of them were found guilty of the offence under S. 302 IPC in SC. No. 9/83 on the file of the Sessions Judge, Ongole, Prakasam,-and they were sentenced to undergo imprisonment for life, the respondents preferred appeals and they are pending in the High Court. The respondents also filed applications to grant bails, pending appeals, but the High Court was pleased to dismiss the same.

(2.) While the matters stood thus, the Government was pleased to grant parole to these respondents. And in order to cancel the said parole, the present petition is filed by the wife and mother of the deceased, on the ground that parole was granted to these respondents against the provisions of law. The sentence to undergo imprisonment for life was awarded against the respondents by the Sessions Court on 13-12-1983. The applications for bail preferred by these respondents were dismissed by the High Court on 29-12-1983. The wives of the three accused-respondents 2, 3 and 4 put in applications directly to the Minister for Home, without any dates on the applications, to release their husbands on parole. The second respondents wife, simply stated that her health was not good, having undergone an abdominal operation; that her seven year-old daughter was sick; that they incurred debts and creditors are giving pressure to pay the debts back; that she was having financial difficulties to run the house. Therefore, her husband may be released on parole for two months.

(3.) The third respondents wife stated in her petition for parole that the accuseds mother became sick and wanted to see her son; that they incurred debts and the creditors are giving pressure; that she intends to perform their sons marriage also, and, therefore, her husband may be released on parole for two months.