Andhra Pradesh High Court
Judges : D.S.R.VERMA, R.M.BAPAT
N.Krishnaiah - Appellant
Versus
Government Of A.P. - Respondent
Decided On : 07-11-00
Indian Penal Code, 1860 - Section 302 - Dowry Prohibition Act - Section 3 (1) - Explosive Substances Act - Section 3 - Criminal Appeal - Offence of murder - Dowry - Convict is the father of the petitioner herein. He was convicted for the offences punishable and also under Section 3 of the Explosive Substances Act by the Sessions Judge, in Sessions Case and he is undergoing the sentence - Held, Learned counsel for the writ petitioners submitted at the Bar that the accused in all the writ petitions were convicted for life of an offence punishable under Section 302, IPC and all the accused were also convicted in their respective cases for an offence punishable under Section 498-A IPC - These accused were not granted remission in sentence - Learned counsel brought to our notice that clause (iv) Para 3 of the aforesaid G. O. , is concerned, only the prisoners or convicts who were convicted for the crimes against women such as under Sections 376 and 354, IPC were not given the benefit of the said G. O - Said clause does not include the offence punishable under S. 498-A, IPC - Therefore, it was submitted by the learned counsel that the convicts in the writ petitions ought to have been granted remission in sentence - Petition dismissed
( 1 ) IN all the above writ petitions a common question of law is involved and therefore they are disposed of by a common order.
( 2 ) W. P. No. 3076 of 2000: The convict is the father of the petitioner herein. He was convicted for the offences punishable under Sections 148 and 302 read with Section 149, IPC and also under Section 3 of the Explosive Substances Act by the Sessions Judge, Ananthapur in Sessions Case No. 105 of 1984 on 22-7-1985 and he is undergoing the sentence. Criminal Appeal No. 672 of 1985 filed by the convict was dismissed. It is pleaded by him that he has undergone the sentence of 9 years 7 months and 20 days and remand period of two months 26 days. Thus, the total sentence undergone by the convict is 13 years 2 months and 16 days including special remission given by the Government from time to time as on 26-1-2000.
( 3 ) W. P. No. 5760 of 2000: The convict is the brother of the petitioner herein. He was tried by the Sessions Judge, Cuddapah in Sessions Case No. 236 of 1990 and was convicted for the offence punishable under Section 302, IPC and sentenced to suffer imprisonment for life and he was also found guilty of the offence punishable under Section 3 (1) of the Dowry Prohibition Act, but no separate sentence was provided. The convict filed Criminal Appeal No. 212 of 1992 before this Court and also S. L. P. before the Supreme Court were dismissed. After conviction, the convict was sent to Central Jail, Cuddapah. It is pleaded by him that he has undergone the sentence of 7 years and 16 days and remand period of 10 months. Thus, the total sentence undergone by the convict is 10 years 4 months and 16 days including the remission given by the Government from time to time as on 26-1-2000.
( 4 ) W. P. No. 3943 of 2000: The convict is the elder brother of the petitioner herein. He was convicted in Sessions Case No. 202 of 1991 by the Addl. Sessions Judge, Adilabad for an offence punishable under Section 302 read with Section 149, IPC and was sentenced to suffer imprisonment for life and he was also convicted for an offence punishable under Section 395 read with Section 397, IPC and was sentenced to suffer R. I. for 10 years. He was further convicted for an offence punishable under Section 307, IPC and was sentenced to suffer R. I. for 5 years and he was further convicted for an offence punishable under Section 120-B, IPC and was sentenced to suffer R. I. for six months. The substantive sentences were made to run concurrently. The convict has undergone imprisonment of 9 years 2 days and remand period of 2 years 3 months and 21 days. Thus, the total sentence of imprisonment undergone by the convict is 13 years including the remission given by the Government from time to time as on 26-1-2000.
( 5 ) W. P. NO. 5801 of 2000 : Two convicts are the brothers of the petitioner herein. The petitioner herein filed the writ petition on behalf of all the convicts. The convicts viz. , G. Pedda Appaiah and G. Rama Anjaneyulu were convicted for the offences punishable under Sections 148, 302, 302 read with Section 149, IPC and Section 3 of the Explosive Substances Act in Sessions Case No. 105 of 1984 by the Additional Sessions Judge, Warangal and further the convict G. Rama Anjayulu was convicted for the offence punishable under Section 27 of the Arms Act in the aforesaid Sessions Case by the aforesaid Sessions Judge. The convict viz. , N. Naganna was convicted for the offences punishable under Sections 302, 307 and 224 IPC, Sections 3 and 5 of the Explosive Substances Act and Section 25 (1a) of the Arms Act in Sessions Case No. 190 of 1985 by the Additional Sessions Judge, Warangal. The convicts viz. , S. Varada Reddy, R. Chinna Eswara Reddy, R. Bala Eswara Reddy, S. Ramanjaneyulu Reddy and R. Rajeswara Reddy were convicted in Sessions Case No. 272 of 1988 for the offences punishable under Section 302 read with Sections 34, and 148, IPC and Section 25 (1b) of the Arms Act; under Section 302 read with Section 3
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