ORDER : BIREN VAISHNAV, CJ. 1 This application through jail has been placed before us as the criminal appeal of the applicant, being Criminal Appeal No. 1095 of 2011, was decided by a Division Bench of this Court in which, one of us, (Justice Biren A.Vaishnav) was a Member. 2 The accused-applicant has preferred an application for remission before the appropriate Government.Pursuant to such application, the Jail Authority has addressed a letter to the Registry seeking an opinion of this Court in accordance with the provisions of Sec.432(2) of the Code of Criminal Procedure. The communication dated 12.12.2024 of the competent Jail Authority, Vadodara, is perused. Since the conviction was confirmed by the High Court, an opinion has to he rendered by us as to whether the application for remission should be granted. 2.1 The appellant was the accused who was convicted of offences punishable under Sec.302 r/w. Sec. 114 of the Indian Penal Code and was sentenced to undergo rigorous life imprisonment and a fine of Rs.1,000/- and in default of payment of fine, to undergo further simple imprisonment for a period of six months. The law of Remission has been extensively considered by the Hon’ble Supreme Court in the case of Bilkis Yakub Rasool vs. Union of India, reported in 2024 (1) Scale 302. In the criminal appeal so filed, the role of the applicant has been set out in the facts. Para 4 of the judgement of the Criminal Appeal, read as under: “4 The facts in brief giving rise to the filing of the present appeals are as under: 4.1 It is the case of the prosecution that both the accused on 29.01.2009, at about 11:30 A.M, at village: Davol, near the Office of the Gram Panchayat on the public road, the accused had started abusing the deceased. Accused No. 1, gave blows with iron rod on hands and legs of the deceased, and thereafter, accused No.2, has beaten the deceased with big stone, thereby seriously injuring the deceased in different parts of the body which resulted into death of the deceased. Therefore, they were charged u/s. 302 and 504 r/w. Section 114 of the IPC. The accused were also charged u/s. 135 of the Bombay Police Act, 1935. Therefore, they were charged u/s. 302 and 504 r/w. Section 114 of the IPC. The accused were also charged u/s. 135 of the Bombay Police Act, 1935. 4.2 On the basis of the complaint filed by the widow of the deceased before Borsad Police Station the investigation was done and the accused person came to be arrested. At the end of the investigation, charge-sheet was filed against the accused persons before the trial Court. However, since it was a sessions triable offence, the case was committed to Sessions Court and ultimately, trial was initiated.” 2.2 Even after discussion of injuries, the Division Bench held as under: “8 On the other hand, Ms.C.M.Shah, learned APP appearing for the State has submitted that the order of conviction recorded against the accused is just and proper and she has supported the conviction recorded by impugned judgment. She submitted that the trial Court has rightly appreciated the evidence on record and convicted the accused. She has taken us through the evidence and contended that the trial Court has not committed any error in convicting the accused. Learned Additional Public Prosecutor Ms. Chetna M Shah, has taken us to the evidences of Panchnama Witnesses Nos. 1 to 6. The deceased was first taken to the PW1 Dr. Arunkumar Rameshwar Prasad , Shree Krishna Hospital, at village Karamsad, where the following injuries were found: 1 CLW of 2 x 0.5 x 0.5 cm. on left side of frontal region. 2 Nasal bleeding active. 3 CLW of 2 x 0.5 x 0.5 cm. on right side of face. 4 CLW of 0.5 x 0.5 x 0.5 on left side of face. 5 CLW of 0.5 x 0.5 x 0.5 cm. on upperlip inner aspect. 6 Broken and Lost teeth of upper jaw. 7 Broken and Lost teeth of lower jaw. 8 Open Stabbed Wound of 6 x 2 x 2 cm. on right side leg. 9 CLW of 1 x 0.5 cm. on last (smallest) finger of left hand. 10 Crepitation on left and right sides of chest. 11 CLW of 3 x 0.5 x 0.6 cm. on left eyelid. Thereafter, he was referred back to the General Surgeon and Orthopaedic Surgeon, and thereafter the deceased was taken to Dr. Sunil Mulvantray Vyas at Karamsad. There also he was treated and subsequently he was taken to Dr. 10 Crepitation on left and right sides of chest. 11 CLW of 3 x 0.5 x 0.6 cm. on left eyelid. Thereafter, he was referred back to the General Surgeon and Orthopaedic Surgeon, and thereafter the deceased was taken to Dr. Sunil Mulvantray Vyas at Karamsad. There also he was treated and subsequently he was taken to Dr. Hiren Dilipbhai Soni and lastly he was taken to PW4 and ultimately PW5 has done the Postmortem and the following injuries were found: 1 Contusion and swelling in both eyes, wherein right eye 8 x 4.9 cm. and left eye 9.2 x 5.2 cm. With bluish with swelling and swelling on upper portion of eye. 2 Contused Abrasion 4 x 4 cm. on forehead with swelling and redness. 3 Contused Abrasion 6 x 4 cm. on left cheek and detachment of skin 9 x 6 cm. over right lower eyebrows and face area with redness. 4 Detachment of skin and contused abrasion 6 x 3 cm. over left side of mouth and face with redness. 5 9 stitches taken with black thread over left eyebrow with surrounding swelling. 6 2 stitches taken with black thread over left temporal area, 5 cm. away from left ear with black thread with swelling. 7 2 stitches and another 2 stitches with by black thread over left forehead with swelling. 8 Five stitches of 7.5 x 0.5 cm., other three stitches of 5 x 0.5 cm. taken with black thread from left temporal to upper portion of forehead with swelling and dried blood. 9 Four stitches over lower portion of right side leg and two other stitches over lower portion of left side leg with black thread and dried blood. 10 Abrasion of 12 x 11 cm. over chest portion with redness. 11 Contused Abrasion left little to 2nd finger 2.5 x 1 cm. with redness. 12 3 contused abrasion of 1 x 0.5 cm. over second and third finger of right hand and right hand palm region with redness. 13 2 contused abrasions of 1 x 0.5 cm. on right forearm with redness. 14 One hole of 3.5 x 1 x 7 cm. on left side chest, 7 cm. away from nipple. 15 3 stitches on right side chest, 7.5 cm. away from nipple taken with black thread. It was 10 cm. Away from axilla. 13 2 contused abrasions of 1 x 0.5 cm. on right forearm with redness. 14 One hole of 3.5 x 1 x 7 cm. on left side chest, 7 cm. away from nipple. 15 3 stitches on right side chest, 7.5 cm. away from nipple taken with black thread. It was 10 cm. Away from axilla. 16 3 contused abrasions of 1.5 x 0.78 on chest portion on front side of chest with redness. The cause of death is stated to be shock and haemorrhage due to sustained injuries over the body. In view of the above, learned APP Ms. Chetna M Shah, has contended that the trial Court has not committed any error in passing the order of conviction against the accused u/s. 302 amounting to culpable offence of murder. Crucial witnesses are PW14 and minor witness Digpalsinh Harshadbhai Chavda and the other police witnesses. The learned APP further contended that no doubt the complainant Sumitraben, who is widow of the deceased has turned hostile, nonetheless, in the complaint itself, the complainant Sumitraben has referred to the evidence of Kanchanben as a person who has telephonically informed Sumitraben of the incidence and she has supported the case of the prosecution. 9 The evidence of panchnama witnesses' Nos. 9,11,14 and 16, clearly establishes the involvement of both the accused in the alleged crime. In view of the above, we are of the opinion that the trial Court has not committed any error in passing the impugned order. 10 For the foregoing reasons, this Criminal Appeal is dismissed. The impugned judgment and order passed by the Additional District and Sessions Judge, Ananad, in Sessions Case No. 43 of 2009, dated 28.12.2010, is hereby confirmed. At this stage, learned advocate for the appellantsaccused, requested that the accused may be given benefit of remission after completion of requisite period. Therefore, it is observed that upon completion of requisite period, case of the accused persons may be considered for remission. The period of sentence already undergone by the accused be given set off to them. Bail bonds, if any, stands cancelled. Records and proceedings be sent to the court below forthwith.” 3 The jail record of the applicant indicates that the conduct of the applicant is good. The period of sentence already undergone by the accused be given set off to them. Bail bonds, if any, stands cancelled. Records and proceedings be sent to the court below forthwith.” 3 The jail record of the applicant indicates that the conduct of the applicant is good. However, the opinion of the Office of Superintendent of Police indicates that there is an apprehension of breach of peace and public order in case the applicant is granted remission. 4 Keeping all these circumstances in view, we do not recommend the case of the convict positively for remission, yet ultimately we leave it open for the State Government to take an appropriate decision in accordance with the policy. The decision so taken by the State Government shall be communicated to the convict in writing with appropriate reasons so that if he wants to take any further legal steps, he may do so. A copy of the order be forwarded to Mr.Kanva M. Antani, learned APP, to enable him to be forwarded to the jail authorities, who in turn, can take up the matter with the State Government for remission under Section 432 of the Code of Criminal Procedure. Order accordingly. Application is disposed of.