MADAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner was convicted in Sessions Trial No. 627A of 2003, arising out of Bibhutipur P. S. Case No. 13 of 2002, G. R. No. 52 of 2002, for the offences punishable under Ss. 302, 364/149 and 148 of the Indian Penal Code and Sec. 27(a) of the Arms Act, 1959, by the learned Additional Sessions Judge, Samastipur, by his judgement and order of conviction, dated 5th of July, 2012. He was sentenced to suffer imprisonment for life and fine of Rs.10,000.00 for the offence punishable under Sec. 302 of the Indian Penal Code. He was further sentenced to suffer imprisonment for a term of 10 years for the offence punishable under Ss. 364/149 of the Indian Penal Code. Both the sentences were directed to run concurrently. The Judgement and Order of conviction and sentence passed by the learned Additional Sessions Judge was affirmed in Cr. Appeal (DB) No. 802 of 2012 with Cr. Appeal (DB) 804 of 2012 by the Division Bench of this Court vide judgement and order of conviction and sentence, dated 29th of September, 2015.

(2.) It is submitted on behalf of the Petitioner that the Petitioner has completed 20 years of rigorous imprisonment with remission. He filed an application before the Sentence Remission Board for his release on remission of his sentence. The Superintendent of Correctional Home, Superintendent of Police and other recommending authorities duly recommended the case of the Petitioner for favourable consideration before the Sentence Remission Board, but by order dated 20th of April, 2023, the proposal for remission of sentence of the Petitioner was rejected by the Sentence Remission Board, Bihar.

(3.) The instant revision is for quashing of the order passed by the Sentence Remission Board on 20th of April, 2023, whereby and whereunder, the prayer of the Petitioner was rejected.