ARJUN CHARAN SAMAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ application has been filed by the petitioner who is undergoing his sentence in the Circle Jail at Cuttack praying for his release.

(2.) The petitioner, Arjun Charan Samal along with fifteen others was tried under Ss. 148/302/34, I.P.C. for causing the death of one Rama Naik on 11-2-1973. The petitioner and three other accused persons were also charged under S. 324, I.P.C. All of them were tried in S.T. No. 48-C of 1973 in the Court of the Additional Sessions Judge, Cuttack, and by judgment dt.14-8-1974. the petitioner was convicted under Ss. 302 and 324, I.P.C. and was sentenced to undergo rigorous imprisonment for life under S. 302, I.P.C. and for six months under S.324, I.P.C., both the sentences were directed to run concurrently. The other accused persons were acquitted. Against the aforesaid judgment, the petitioner preferred an appeal in Criminal Appeal No.173 of 1974 and the State of Orissa filed Government Appeal No. 9 of 1975. This Court by a common judgment dt. 27-1-1976 dismissed both the appeals. Consequently, the order of acquittal in respect of the other accused persons as also the order of conviction of the petitioner was upheld.

(3.) The petitioner is in custody as an under-trial prisoner and after his conviction, he underwent the sentences. In this writ application, the petitioner has averred that he has been in custody for more than 14 years and his case should have been referred for consideration for premature release under Rule 518 of the Orissa Jail Manual. He has also referred to the mercy petition submitted by his wife for his release and it is stated that the Governor has rejected the same in exercise of the powers conferred on him under Art. 161 of the Constitution. He claims that he is entitled to be released taking into consideration the remissions granted to the prisoners under the rules of the Jail Manual.