K. Balakrishnan and Others vs The Superintendent, Central Prison, Tiruchirappalli and Others

Pratap Singh, J.—The petition seeks a direction to the respondents to apply G.O. Ms. No.180, Home Department, dated 28.1.1991 and

G.O. Ms. No. 781, Home Department, dated 11.4.1990, in favour of the Petitioners.

The facts in brief are: The petitioners were charge- sheeted along with two others for offences u/s 342, 352 and 302 read with Section 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 u/s 342 I.P.C. and

convicted and sentenced them to undergo rigorous imprisonment for one year and to pay a fine of Rs.1000/- each. The petitioners seek the benefit

of the Government Orders referred to supra.

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 and Others Vs. Union of India (UOI) and Others,

the date of the judgment of the trial Court is the material date and it is to be considered as the date of judgment. He further states that in Arumugam

& Others v. State 1990 TLNJ (Cr.) 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

(PRC) Department dated 11.4.1990.

In view of the above, the petition is allowed and the respondents are hereby directed to apply 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 in favour of the petitioners and give them remissions accordingly.