JUDGMENT 1. The learned Additional Sessions Judge, Phalodi by the judgment dated 31.5.2004 convicted the petitioner for offence punishable under Section 302/34 of I.P.C. and sentenced him to undergo life term imprisonment with a fine of Rs. 1,000/- The petitioner was also convicted for other offences including the offence the punishable under Section 120-B I.P.C. and was sentenced to undergo five year's rigorous imprisonment with a fine of Rs. 500/-. An appeal preferred by the petitioner (D.B. Criminal Appeal No. 754/2004) giving challenge to his conviction also came to be dismissed vide judgment dated 19.1.2006, as such, the conviction recorded and the sentence awarded has acquired finality. The petitioner has already served sentence for a period of 10 years, 9 months and 4 days including State remission for a period of six months as on 16.9.2013. 2. The Government of Rajasthan under an order dated 30.3.2012 on the occasion of 'Rajasthan Foundation Day' awarded 180 days special remission to the convicts subject to several other conditions including that the person convicted for the offence punishable under Sections 120-B, 224, 304-B, 376, 377, 395, 396 and 498-A, 466, 468, 469, 471 to 474, 366, 366-A, 366-B, 372, 373, 498-A, 489-B and 489-C I.P.C. shall not be eligible to avail special State remission. Being aggrieved of non-grant of special remission on the count that the petitioner was convicted for offence under Section 120-B I.P.C., this petition for writ is preferred. 3. This Court by order dated 25.10.2012 sought a clarification from learned Addl. Government Advocate with regard to application of order dated 30.3.2012 in the circumstance that the conviction of petitioner was made under Section 302 I.P.C. in addition to other offences including 120-B I.P.C., as Section 302 I.P.C. is not included in the restriction clause. 4. The respondents in reply to the writ petition have not prescribed any such clarification but have simply mentioned that the special Slate remission of 180 days granted under the circular dated 30.3.2012 is not applicable for the offences mentioned in Clause 13 of Para-3 of the ineligibility clause. 5. Heard learned Addl. Government Advocate. 6. From perusal of order dated 30.3.2012, it is apparent that a special remission of 180 days was awarded to the convicts on the occasion of 'Rajasthan Foundation Day' and while doing so, the convicts for certain offences were excluded from the grant of such remission. 5. Heard learned Addl. Government Advocate. 6. From perusal of order dated 30.3.2012, it is apparent that a special remission of 180 days was awarded to the convicts on the occasion of 'Rajasthan Foundation Day' and while doing so, the convicts for certain offences were excluded from the grant of such remission. We are not examining validity of such exclusion, however, in the instant case the petitioner was convicted for offence punishable under Section 302 I.P.C. and for several other offences including offence punishable under Section 120-B I.P.C., that is under exclusion clause. For this offence, the sentence awarded to the petitioner is of five years. He has already undergone this period of sentence, as such, looking to the peculiar fads of the case, we deem it appropriate to direct the State Government to award 180 days special State remission to the petitioner for the conviction relating to all other remaining offences. 7. Accordingly, this petition for writ is allowed. The respondents are directed to award 180 days special State remission to the petitioner as prescribed under the Government of Rajasthan order dated 30.3.2012.Appeal partly allowed. *******