GANESH SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two petitioners in the present writ application are questioning the decision of the State Sentence Remission Board (hereinafter referred to as the 'Board') taken on 19/5/2021 in the matter of premature release of the petitioner no. 1 on completion of their 14 years of physical incarceration and 20 years with remission. Further, they are seeking a 'Mandamus' to the 'Board' to consider their premature release. Case of the Petitioner

(2.) The petitioners were charged for the offence under Ss. 302 and 120B of the Indian Penal Code (in short 'IPC') in Sessions Trial No. 390 of 2000 / 634 of 2006 arising out of Khanpur P.S. Case No. 53 of 1999 in the court of learned Additional Sessions Judge, F.T.C. No. 5, Samastipur. The petitioner no. 1 namely, Ganesh Sah was convicted and sentenced to death and rigorous imprisonment for seven years respectively. His wife (petitioner no. 2) was also convicted for the same offences and was awarded life imprisonment for the offence under Sec. 302 IPC and rigorous imprisonment for 7 years for the offence under Sec. 120B of the Indian Penal Code. The petitioner no. 2 has been further ordered to pay a fine of Rs.50,000.00 out of which Rs.40,000.00 is payable to the wife of the deceased Suresh Sah and in default the petitioner no. 2 shall undergo R.I. for a further period of two years. Her sentences are to run concurrently.

(3.) On reference under Sec. 366 of the Code of Criminal Procedure (in short 'Cr.P.C.') made by the learned Presiding Officer of the trial court, Death Reference No. 2 of 2007 (The State of Bihar Vs. Ganesh Sah) was registered and the same was heard along with Cr. Appeal (DB) No. 649 of 2007 ( Ganesh Sah versus State of Bihar) and Cr. Appeal (DB) No. 625 of 2007 (Dana Devi Vs. The State of Bihar). The Hon'ble High Court maintained the conviction of both the appellants, however, on the award of death sentence of appellant no. 1 Ganesh Sah the Hon'ble Court found that the appellant had indulged in the murders because of his mental perception of partiality of his father in not giving him proper share of land. The sentence for the offence under Sec. 302 IPC was commuted to sentence of life imprisonment and also fine of Rs.50,000.00 and in case of default he will undergo further rigorous imprisonment for two years. If the fine is realized then Rs.40,000.00 out of the same shall go to the wife of the deceased. The date of conviction of the petitioners is 23/3/2007/29/3/2007.