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1972 Supreme(AP) 64

GOPAL RAO EKBOTE, MUKTADAR
GUNPU GANGI REDDY – Appellant
Versus
PINZARI KASIM – Respondent


JUDGMENT

Ekbote, C.J.:- These appeals are from the judgment of Parthasarathi, J.given in Writ Petitions Nos.3627 and 4004 of 1969 whereby the learned Judge allowed the Writ Petitions after holding that the order of release from the jail is void because it has no sanction of law and it is clearly outside the purview of Government Order dated 25-9-1969.

2. The material facts in order to appreciate the contentions raised before us may briefly be stated.

3. In Sessions Case No.6 of 1968, the appellants, who were respondents 4 and 5 in W.P.No.3627 of 1969 and the 4th respondent in W.P.No.4004 of 1969, were arrayed as accused. They were charged with an offence of murder. After trial, they were, however, acquitted by the Sessions Judge. The High Court on appeal set aside the acquittal order. All the three persons referred to above were found guilty of the offence. They were convicted of the offence of murder and were sentenced to imprisonment for life. The decision was given by this Court on 26-9-1969.

4. While the appellants were serving their sentence, the Government of Andhra Pradesh issued G.O.Ms.No.1321 dated 25-9-1969.The said order was issued in exercise of the powers conferred by Art




























































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