PRABHAT KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India on behalf of the petitioner is for issuance of an appropriate writ quashing the order of the State Government whereby and where under respondent Nos. 4 and 5 were granted remission of their sentences as per the provisions of sub-section (2) of Section 432 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code').

(2.) Before proceeding to adjudicate the crucial contention, it would be appropriate to have a brief survey of some of the facts. On 18-12-1979, informant Kameshwar Singh lodged a first information report alleging that respondent Nos. 4 and 5 variously armed with lethal weapons, came to the place of occurrence and assaulted the informant as well as his manager with a view to commit their murder. The Assistant Sessions Judge, I Patna ultimately having found the respondents 4 and 5 guilty of the charges, convicted them and sentenced for a period of five years under Section 307 of the Indian Penal Code.

(3.) The respondent Nos. 4 and 5, being aggrieved by the judgment of the Session Judge, preferred an appeal but the same was dismissed. They also filed a criminal revision before this Court but the same was also dismissed on 24-2-1987. Thereafter, one S.L.P. (Criminal) No. 968, of 1987 was also preferred before the Supreme Court which also met the same fate.