ORDER

1. This Writ Petition is filed for direction to convert the sentence of the petitioner from 30 years in jail without remission to a sentence of life imprisonment; and further to declare that this Court is not competent to fix a particular number of years (with or without remission) when it commutes the death sentence to life imprisonment while upholding the conviction of the accused under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as `the IPC’).

2. Facts and circumstances giving rise to this petition are that:

A. The petitioner alongwith co-accused was charged for killing 4 persons on the intervening night of 20/21.8.2000 and tried for the offences punishable under Sections 302 read with 34 IPC. The trial court vide judgment and order dated 27.1.2005/5.2.2005 convicted and awarded death sentence to him alongwith co-accused Jaj Singh.

B. The High Court vide its judgment and order dated 22.9.2006 dismissed the Criminal Appeal filed by the petitioner and affirmed the death sentence reference made by the trial court so far as the petitioner and the co-accused are concerned.

C. Aggrieved, the petitioner challenged the said judgment and order dated 22.9.2006 by