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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
R. Raghunandan Rao, Maheswara Rao Kuncheam
S. Swapna – Appellant
Versus
State Of Andhra Pradesh – Respondent
Order :
R. Raghunandan Rao, J.
On 07.03.1993, two persons, in the course of robbing the passengers of an APSRTC Bus, in Guntur district, had set fire to the bus, resulting in the death of 23 persons, including a six year old girl. These two persons were convicted for offences under Sections 302, 120-B, 392, 307, 341 and 440 of I.P.C in S.C.No.662 of 1993, by the III Additional District & Sessions Judge, Guntur. Upon such conviction, and after hearing both sides, on the question of sentence, the III Additional District & Sessions Judge, Guntur, on 07.09.1995, passed a sentence of death on both the persons. The conviction and sentence were affirmed, in R.T. No. 1 of 1995 and Criminal Appeal No. 620 of 1995, by judgment dated 02.11.1995, by the erstwhile High Court of Judicature of Andhra Pradesh. The appeal filed before the Hon‟ble Supreme Court of India, in Crl.A.No.193 of 1996, was dismissed on 30.08.1996. Thereafter, the Hon‟ble President of India, in exercise of his powers, under Article 72 of the Constitution of India, commuted the sentence of Death to that of life imprisonment for both these persons. The III Additional District Judge, on 21.05.1998, had issued a consequential war
Life imprisonment entails incarceration for life unless remission is granted under Section 432 of Cr.P.C.; prisoners do not have an automatic right to release after a fixed term.
Point of law : Life convict - Remission policy as on the date of conviction of accused, educational qualifications, more particularly higher qualifications acquired by the life-convicts while serving....
An accused sentenced to fixed term life imprisonment is entitled to release after serving the specified term without needing to apply for remission.
Rejection of life convicts' remission based on superseded notification illegal where offenses not prohibited under current prison manual; board must holistically assess reformation, jail conduct, reo....
The exercise of executive power of clemency is a duty vested in the Authority for the welfare of the people, and the case of premature release of a life convict is governed by the policy/guidelines o....
Life convict/Death penalty - Grant of remission to be followed as per directions of the Court by Division Bench dated 14.09.2020 in W.P. (PIL) No. 164 of 2020
The discretion to suspend or remit the sentence lies with the State Government, but the decision must be in accordance with the law and not arbitrary. The opinion of the Presiding Judge must fulfill ....
(1) Remission policy prevailing on the date of conviction, is to be applied in a given case, and if a more liberal policy exists on the day of consideration, then latter would apply.(2) Blanket exclu....
Remission in sentence – Sentencing is a judicial exercise of power – Act thereafter of executing sentence awarded, however, is a purely executive function which includes grant of remission, commutati....
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