(1.) With the help of this writ petition, made under Article 226 of the Constitution of India, the petitioner, being mother of the convict, who stands sentenced to death and whose mercy petition also stands rejected by the President, has put to challenge the rejection of the mercy petition and she seeks issuance of appropriate writ(s) commanding the respondents to commute the sentence of death into one of imprisonment for a reasonable period of time.
(2.) Before we come to the important issues, which have been raised in this writ petition, it is apposite to correctly take note of the background in which the issues have been raised. For this purpose, the material facts and various stages, which have led to filing of the present writ petition, need to be fully appreciated. With this end in view, the material facts and various stages, leading to this writ petition, are, in brief, set out as under:
(3.) We have heard Mr. A.K. Bhattacharjee, learned Senior counsel, and Dr. Y. Choudhury, learned counsel, for the petitioner, Mr. R. Sharma, learned Assistant Solicitor General, and Mr. Z. Kamar, learned Public Prosecutor, Assam. We have also heard and Mr. B.D. Konwar, learned counsel, who has appeared on behalf of the son, whose father. was killed by the petitioner's said son. The son of the deceased is hereinafter referred to as the 'victim's son'.
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