MODUNATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed by the convict -petitioner Modunath through his nephew Mahaveer Yogi contending that the petitioner was awarded death sentence for the offences under Sections 147, 148, 302, 342, 427, 435 and 460 IPC read with Section 149 IPC by Additional Sessions Judge(Fast Track), No. 1, Kota in Sessions Case No. 27/2002 vide judgment and order dated 11.03.2003. It is contended that D.B. Criminal Appeal No. 421/2003 filed by the petitioner against the aforesaid judgment has been partly allowed vide judgment dated 02.06.2005 and the petitioner has been sentenced to life imprisonment. SLP filed by the petitioner was converted into Criminal Appeal No. 1108/2006 and the Hon'ble Supreme Court dismissed the same vide judgment dated 22.04.2013. At present, the petitioner is serving sentence in Central Jail, Kota.

(2.) IT is contended that case of the petitioner for being sent to Open Air Camp, Kota is not being considered due to his age being more than 70 years, while his co -convict and nephew Radhey Shyam presently lodged at Open Air Camp, Kota, has expressed willingness to take care of and to accommodate petitioner with him. It is contended that the petitioner has remained in judicial custody for more than 13 years and during the aforesaid period, the conduct and behaviour of the petitioner in jail has been good and unblemished. There is no complaint against the petitioner. The petitioner was earlier granted regular parole of 20, 30 and 40 days and he did not misuse the liberty granted to him. Son of the petitioner namely Mukesh Yogi has expired on 06.07.2014, therefore, looking to the petitioner's family condition he may be transferred to Open Air Camp, Kota to live with his nephew Radhey Shyam.

(3.) LEARNED counsel for the petitioner has submitted that other accused persons convicted in the same trial have already been transferred to Open Air Camp, Kota. Radhey Shyam, nephew of the petitioner has filed an affidavit expressing willingness to take care of and to accommodate the petitioner with him, which is on record.