ORDER
Ramesh Madhav Bapat, J.
1. In all the above writ petitions a common question of law is involved and therefore they are disposed of by a common order.
WP 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 daysand 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.
WP 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 1PC 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 SLP 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.
WP 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 rigorous imprisonment for 10 years. He was further convicted for an offence punishable under Section 307 IPC and was sentenced to suffer rigorous imprisonment for 5 years and he was further convicted for an offence punishable under Section 120BIPC and was sentenced to suffer rigorous imprisonment 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.
WP 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 Section 25(IB) of the Arms Act; under Section 302 read with Sections 34 and 149 IPC and Section 5 of the Explosive Substances Act; under Section 302 read with Section 34 IPC and Sections 3 and 5 of the Explosive Substances Act, under Section 302 readwith Sections 34 and 148 IPC and Section 3 of the Explosive Substances Act and under Sections 302 read with Section 34 and 148 IPC and Section 3 of the Explosive Substances Act. The convict viz., Adivanna was convicted in Sessions Case No.249 of 1990 for the offences punishable under Sections 302 and 224 IPC. The convicts viz., M. Verikateswarlu and R.M. Hari Kumar were convicted in Sessions Case No.158 of 1998 for the offences punishable under Sections 452, 506, 392 and 302 IPC. The convict viz., Kamati Rajam was convicted in Sessions Case No.148 of 1992 for the offences punishable under Sections 302 and 354 IPC, The convict viz., Kumarapu Satyam was convicted in Sessions Case No.12 of 1991 for the offences punishable under Sections 302, 201 and 411 IPC. The convict Nwiela Peddiraju was convicted in Sessions Case No. 65 of 1993 for the offences punishable under Sections 302, 382 and 404 IPC. The convict viz., Jakkuna Sitaiah was convicted in Sessions Case No.336 of 1990 for the offences punishable under Sections 302, 382 read with Section 201 IPC and the convict viz., K. Laxmi Narayana was convicted in Sessions Case No. 75 of 1992 for the offences punishable under Sections 302, 379 and 404 IPC. All the convicts were sentenced to suffer life imprisonment for life and they are undergoing their respective sentences. The particulars of sentences undergone by the convicts are given below.
Sl. No.Nameactual sentence
Y-M-DRemission
Y-M-D Total
Y-M-D
1.G. Pedda Appaiah9-6-113-4-012-10-112.G. Rama Anjaneyulu8-5-233-4-011-9-233.N. Naganna8-9-283-4-012-1-284.S. Varadha Reddy8-6-063-4-011-10-65.R. Chinna Eswara Reddy7-0-073-4-010-4-76.R. Bala Eswara Reddy8-5-183-4-011-9-187.S. Ramanjaneyufu8-7-283-4-011-11-288.R. Rajeswara Reddy7-0-013-4-010-4-019.Adivanna9-6-223-4-012-10-2210.M. Venkateswarulu7-7-86-2-013-9-0011. R.M. Hari Kumar8-5-025-5-1013-10-1212.Kamati 'Rajam7-6-024-6-012-00-213 Kumarapu Satyam6-1-082-2-58-3-1314Nunela Peddiraju2-4-04-9-127-1-1215Jakkuva Sitaiah9-3-285-4-2814-7-0016K. Laxmi Narayana4-4-34-2-88-6-5
WP No.7610 of 2000 :
The convict is the father of the petitioner herein. The Sessions Judge, Ananthapur in Sessions Case No.90 of 1983, convicted him for an offence punishable under Section 302 IPC. Appeals filed by the convict before this Court as well as the Supreme Court were dismissed. He has undergone the sentence of 8 years 10 months including the special remission given by the Government from time to time as on 26-1-2000.
WP No.8692 of 2000 :
The petitioner herein filed the writ petition on behalf of six convicts, who happened to be his close relations. Three convicts viz., I. Ruben, I. George and G. Sikhamani were tried for the offences punishable under Sections 148, 302 read with Section 149 IPC and under Section 3 of the Explosive Substances Act and were sentenced to suffer imprisonment for life. The convict viz., T. Nageswara Rao tried for the offences punishable under Sections 302, 120, 392 and 201 IPC and was convicted and sentenced to suffer imprisonment for life. The convict viz., B. Chinna Kondaiah was tried for the offences punishable under Sections 148, 149 IPC andSections 3 and 5 of the Explosive Substances Act. The convict was convicted and sentenced to suffer imprisonment for life. The Uppariguddi Venkateswarlu was tried for the offences punishable under Sections 148, 302 read with Section 149 IPC and Sections 3 and 5 of the Explosive Substances Act. He was convicted and sentenced to suffer imprisonment for life. The particulars of sentence undergone by the convicts as on 26-1-2000 are given below :
Sl. No.NameActual sentence
Y-M-DTotal including
Y-M-D
1.I. Ruben7-00-511-1-102.I. George7-00-511-1-83.Gosa Sokhamani7-1-1711-4-14.B. Chinna Kondaiah7-00-1310-4-85.Uppiriguddi Venkateswarlu7-1-0412-2-266.T. Nageswara Rao7-5-1612-8-2
WP No.4441 of 2000 :
The convict is the brother of the petitioner herein. He was tried by the learned Additional Sessions Judge, West Godavari at Eluru along with four others for the offences punishable under Sections 302 498A and 201 IPC in Sessions Case No.4 of 1990. He was convicted and sentenced to suffer imprisonment for life of the offence punishable under Section 302 IPC. He was also convicted for the offence punishable under Section 498A IPC and was sentenced to suffer imprisonment for three years and also to pay a fine of Rs. 1000/- in default to suffer rigorous imprisonment for six months. He was also convicted for the offence punishable under Section 201 IPC and was sentenced to suffer rigorous imprisonment for four years and to pay a fine of Rs.1000/-in default to suffer rigorous imprisonment for six months. He has undergone thesentence of 13 years including the remission given by the Government as on 26-1-2000.
WP No.9641 of 2000 :
The convict is the brother of the petitioner herein. He was tried by the III Additional Sessions Judge, Kumool along with three others for the offences punishable under Section 302 read with Sections 34 and 498A IPC in Sessions Case No.88 of 1990. He was convicted for the offence punishable under Section 302 IPC and was sentenced to suffer imprisonment for life. He was also convicted for the offence punishable under Section 498A IPC and was sentenced to suffer rigorous imprisonment for two years. He has undergone the sentence of 10 years including the remission given by the Government from time to time as on 26-1-2000.
In all the writ petitions the prayer made is one and the same. It was stated that the Government issued G.O. No. 18, Home (Prisons-C) Department, dated 25-01-2000 giving remission of un-expired residue sentence to certain categories of prisoners. The said G.O., reads as under:
'GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Prisoners - Grant of Remission to prisoners on the occasion of '50th Anniversary of India becoming Republic'- Orders -Issued.
Home (Prisoners-C) Department
G.O. Ms. No.18 Dated 25-1-2000
Read the following:
1. From the Inspector General of Prisons and Director of Correctional Services, A.P., Hyderabad Lr. No.888/SA2/99dated 24-12-1999
2. From the Inspector General of Prisons and Director of Correctional Services,A.P., Hyderabad Lr. No.888/SA2/99 dated 7-1-2000.
3. From the Inspector General of Prisons and Director of Correctional Services, A.P., Hyderabad Lr. No.888/ SA2/99 dated 18-1-2000.