AKSHYA BAT DAYAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Ram Kishore Prasad for the Petitioners and Govt. Pleader No. 1 for the State.

(2.) There are two Petitioners who are father and son. They, were tried in Sessions Trial No. 72/74 under Section 302/34 of the Indian Penal Code. By judgment pronounced on 30.11.77, the Petitioners were convicted and sentenced to imprisonment for life. The Petitioner havings served a considerable part of the sentence, moved the State Government for their premature release in view of various decisions of the Supreme Court. The State Govt. by Annexure-8 to the writ application, turned down the prayer of the Petitioners on the ground that since the Petitioners had not completed 14 years of sentence, as required under Section 433-A, the State Government may not release the Petitioners. The State Govt. probably overlooked the fact that the Petitioners were convicted in 1977 and Section 433A was brought on the Statute by Act 45 of 1978.

(3.) In Damji V/s. State of Gujarat and Ors.,1987 PLJR(SC) 78the Supreme Court has held that Section 433A is not applicable to cases where convictions were recorded prior to 18.12.1978 i.e. the date on which the provision was introduced The earlier decision of the Supreme Court was in Maru Ram etc. V/s. Union of India, 1981 1 SCR 1196. It is regrettable that despite two decisions of the Supreme Court, the application of Petitioner No. 1 for pramature release was rejected.