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IN THE HIGH COURT OF BOMBAY
Puranik S.W. Agarwal Ashok, JJ.
Bhagwan Patilba Palve .... Petitioner.
Versus
State of Maharashtra.... Respondent.
Criminal Writ Petition Nos. 910 of 1988, decided on 13-9-1989.
Advocates appeared :
S.G. Deshmukh, amicus curiae, for petitioner.
H.A. Solkar, P.P., for State.
Court is not concerned with the circumstances under which the offence was committed. All these circumstances have already been taken into consideration by the Courts and finally confirmed by the Apex Court. It is only the question of delay in execution of the death sentence after the confirmation of the same which is to be taken into consideration. Court finds that after the decision of the Supreme Court on 17th April, 1984 rejecting the Special Leave Petition of the prisoner, the mercy petition came to be preferred on 7th May, 1984. It was with the Governor of Maharashtra upto March, 1985, when on 20th March, 1985 it was rejected by the Governor. It was then sent by the Governor of Maharashtra to the president of India on 1st April, 1985. In spite of ten reminders from the State Government, the mercy petition was not decided for about three years and two months. A communication dated 15th June, 1988 was sent by the Union Home Department to the State Home Department on 27th June, 1988 and thereafter the prisoner was informed on 16th August, 1988 when the memo to execute the sentence was also issued. Court, therefore, finds that from the date the prisoner forwarded his mercy petition on 7th May, 1984 till he received the information about the rejection of the said mercy petition in August, 1988, four years and three months had elapsed. Even assuming that prompt steps were taken by the Jail Superintendent and the Home Department at Bombay, there is no explanation why the said mercy petition was not disposed of for a period of four years and three months from the date of its presentation and the result communicated to the convict.
2. Bhagwan Patilba Palve was charge-sheeted for the offence of multiple murders committed by him on the night intervening 6th and 7th September, 1978 at Pandhade, taluka Pathardi, district Ahmednagar. It was alleged that he committed the murder of four of his close relatives in one sequence during the said night.
3. The trial of the said Bhagwan Patilba Palve was placed before the learned Extra Additional Sessions Judge, Ahmednagar in Sessions Case No. 93 of 1979 and after the evidence was recorded and parties heard, the learned Extra Additional Sessions Judge by his judgment and order dated 23rd July, 1980, convicted Bhagwan Patilba Palve for the offences under sections 302 and 324 of the Indian Penal Code and sentenced him to suffer imprisonment for life.
4. The State challenged the said order regarding the sentence and filed Criminal Appeal No. 859 of 1980 in this Court for enhancement of sentence of life imprisonment to one of death sentence, in view of the multiple murders and the brutal manner of assault.
5. The accused also being aggrieved by the order of conviction and sentence preferred an appeal, being Criminal Appeal No. 963 of 1980, praying for acquittal.
6. A Division Bench of this Court consisting of Pratap and Tulpule, JJ., decided both these appeals on 12th July, 1982. By the said judgment they dismissed the appeal preferred by Accused Bhagwan Patilba Palve and allowed the appeal filed by the State for enhancement of sentence. Accordingly, the sentence of life imprisonment was enhanced to one of death sentence.
7. Special Leave Petition was preferred by accused Bhagwan Patilba Palve before the Supreme Court on 15th November, 1982 and by its decision dated 17th September, 1984, the Special Leave Petition came to be rejected.
8. The appellant made a second attempt before the Supreme Court by filing a Review petition on 31st May, 1984, which was also rejected on 18th September, 1984.
9. In the meantime, just before filing the review petition, the prisoner convict filed a mercy petition both addressed to the President of India and the Governor of the State of Maharashtra. This petition was dated 7th May, 1984.
10. As provided by the Maharashtra Prison Manual Rule 8, the Superintendent of Jail at Yeravada where the prisoner was lodged, forthwith filed the said mercy petition to the Governor of Maharashtra through the Home Department of the State.
11. As per the detailed affidavit filed by Shri J.J. Deshmukh, Desk Officer, Home Department, Mantralaya, Bombay, the Governor of Maharashtra rejected the mercy petition on 20th March, 1985 and forwarded the same to the President of India on 1st April, 1985. The Home Department of the State of Maharashtra dent reminders to the Union Home Department requesting them for early decision by the President of India in respect of the mercy petition.
12. Shri Solkar, the learned Public Prosecutor appearing with Shri Deshmukh, Desk Officer, states on referring to the entire record maintained by the Home Department at Bombay that as many as ten reminders were sent by the Home Department at Bombay to the Union Home Department. There was no reply received at Bombay from Delhi, save and except, one letter in response, that the mercy petition was under consideration of the President. This reply was received on 30th April, 1986.
13. It was only on 15th June, 1988 that a communication was received from the Union Home Department to the House Department of the State at Bombay, that the president of India had declined to interfere with the said mercy petition. This letter was received in the State Government Office on 27th June, 1988. It was then placed before the Chief Minister of Maharashtra on 3rd August, 1988, which was endorsed by him on 12th August, 1988.
14. On 16th August, 1988 the Home Department of the Government of Maharashtra issued a mem
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