K. Balakrishnan v. The Superintendent, Central Prison, Tiruchirapalli
1991-10-10
PRATAP SINGH
body1991
DigiLaw.ai
Judgment : 1. The petition seeks a direction to the respondents to apply G.O.Ms.No.180, Home Department, dated 28.1.1989 and G.O.Ms.No.781,Home Department, dated 11.4.1990, in favour of the petitioners. 2. The facts in brief are: The petitioners were charge-sheeted along; with two others for offences under Secs.342, 352 and 302 read with Sec.34, I.P.C. The learned Sessions Judge, West Thanjavur in S.C.No.42 of 1983 on his file, found them not guilty of any of the offences and acquitted them on 17.2.1984. The State of Tamil Nadu preferred an appeal in C.A.No.82 of 1985 in this Court against the acquittal of the accused by the learned Sessions Judge. This Court allowed the appeal in part on 11.4.1991 and found the petitioners guilty for offence under Sec.342, I.P.C. and convicted and sentenced them to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000 each. The -petitioners seek the benefit of the Government Orders referred to supra. 3. Mr.R.Shanmughasundaram, learned counsel appearing for the petitioners pointed out that the judgment of the trial Court was on 17.2.1984, that the aforesaid two G.Os. were subsequent thereto, that in view of the decision in Maru Ram v. Union of India Maru Ram v. Union of India, A.I.R, 1980 S.C. 2147the date of the judgment of the trial court is the material date and it is to be considered as the date of the judgment. He further states that in Arumugam and others v. The State Arumugam and others v. The State , 1990 T.L.N.J. (Crl.) 79 this Court has held that the benefits of the remissions are not confined to prisoners actually in jail on the date of the Government Order, but would take in its fold the persons who were not in jail on the date of the Government Order. In view of the above, the petitioners are entitled to remissions granted in G.O.Ms.No.180, Home Department, dated 28.1.1989 and G.O.Ms.No.781, Home (P.R.C.) Department, dated 11.4.1990. 4. In view of the above, the petition is allowed and the respondents are hereby directed to apply G:O.Ms.No.l80, Home Department, dated 28.1.1989 and G.O.Ms.No.781, Home (P.R.C.) Department, dated 11.4.1990 in favour of the petitioners and give them remissions accordingly.