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2019 Supreme(SC) 491

A.M.KHANWILKAR, AJAY RASTOGI
Rajan – Appellant
Versus
Home Secretary, Home Department of Tamil Nadu – Respondent


Advocates Appeared:
For Petitioner(s): Mr. Wajahat Ansari, Adv. Mr. K. Paari Vendhan, AOR Mr. Prabhu Ramasubramanian, Adv. Mr. Sabarish Subramanian, Adv. Mr. A. Rajarajan, Adv. Mr. Y. William Vinoth Kumar, Adv. Mr. Vishnu Unnikkishnan, Adv.
For Respondent(s): Mr. M. Yogesh Kanna, AOR Mr. S. Parthaa Sarathi, Adv. Mr. S. Raja Rajeshwaran, Adv.

JUDGMENT :

A.M. Khanwilkar, J.

1. This writ petition under Article 32 of the Constitution of India has been preferred inter alia seeking premature release of the petitioner as he has already undergone over 30 years of actual imprisonment. With remission, the total sentence undergone is above 36 years.

2. The petitioner claims that he is a refugee from Sri Lanka. He was named as an accused in relation to an offence committed on 27th July, 1988, registered as FIR in Crime No.104/88 at Thanipadi Police Station. The prosecution case was that the petitioner, along with co-accused, committed dacoity at the house of one Pitchaikara Grounder and while he was trying to escape in a Maruti Van, the police and common public erected a barricade, upon which the petitioner fired from a machine gun killing three persons and injuring four. The petitioner was charged for offences punishable under Sections 120(B), 395, 353, 506(2), 302(3 counts), 307 (4 counts) of IPC, Section 302 r/w 419 of IPC, Section 307 r/w 149 of IPC and Section 3 read with Sections 25(1A), 27(3) and 28 of the Indian Arms Act. After a full-fledged trial by the District and Sessions Judge, Thiruvannnamalai, for the aforementioned o











































































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