RAM NARESH RAI, SON OF GANGESHWAR RAI, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA

JUDGEMENT

(1.) By this writ petition the petitioner challenges the continued detention of his father in judicial custody as well as he challenges the State Sentence Remission Board's order dated 08.07.2016.

(2.) We have heard the learned counsel for the petitioner and the learned counsel for the State on three occasions and with their consent, this writ petition is being disposed of at the admission stage itself.

(3.) It appears that on or about 30.11.1994 an incident took place within the jurisdiction of Patori P.S. in the district of Samastipur wherein seven persons including a child of 10 years of age were killed. 15 persons were charged and put to trial. Upon trial one Ramprit Rai who has been found guilty of charge under section 302 of the I.P.C. was sentenced to death by the trial Court. The accused Bharat Rai, Medani Rai and Sattu Rai were found guilty of the offences, inter alia, under section 302 read with section 149 of the I.P.C. and sentenced them to life imprisonment. Petitioner's father Gangeshwar Rai was also convicted under section 302 with the aid of section 149 of the I.P.C. and convicted for imprisonment of life by the judgment and order dated 26.07.2001 by the 1st Additional Session Judge, Samastipur. Ramprit Rai having been sentenced to death. A criminal reference was made to this Court and appeal preferred by all other accused persons including the persons noticed above. All cases were taken up together and this Court while affirming the conviction and the sentence awarded to the accused persons commuted the death penalty in so far as Ramprit Rai is concerned he was convicted for imprisonment of life.