A.M.KHANWILKAR, J. - (1.) This writ petition under Article 32 of the Constitution of India has been preferred inter alia seeking premature release of the petitioner as he has already undergone over 30 years of actual imprisonment. With remission, the total sentence undergone is above 36 years.
(2.) The petitioner claims that he is a refugee from Sri Lanka. He was named as an accused in relation to an offence committed on 27th July, 1988, registered as FIR in Crime No. 104/88 at Thanipadi Police Station. The prosecution case was that the petitioner, along with co-accused, committed dacoity at the house of one Pitchaikara Grounder and while he was trying to escape in a Maruti Van, the police and common public erected a barricade, upon which the petitioner fired from a machine gun killing three persons and injuring four. The petitioner was charged for offences punishable under Sections 120(B), 395, 353, 506(2), 302(3 counts), 307 (4 counts) of IPC, Section 302 r/w 419 of IPC, Section 307 r/w 149 of IPC and Section 3 read with Sections 25(1 A), 27(3) and 28 of the Indian Arms Act. After a full-fledged trial by the District and Sessions Judge, Thiruvannnamalai, for the aforementioned offences, vide judgment and order dated 25th January, 2007, the petitioner came to be convicted for offences punishable under Sections 395, 302 (3 counts), 307 (4 counts) of IPC and Section 3 read with Sections 25(1 A) and 27(3) ofthe Indian Arms Act and sentenced to undergo 7 years' rigorous imprisonment for offence punishable under Section 395 of IPC, life imprisonment for offence punishable under Section 307 (4 counts) of IPC for each count as also awarded capital sentence for offence punishable under Section 302 (3 counts) and further 5 years' imprisonment for offences punishable under Section 3 read with Section 25 (1A) of the Indian Arms Act. The sentences awarded to the petitioner were directed to run concurrently.
(3.) The petitioner had assailed the said decision before the High Court of Judicature at Madras, by way of Criminal Appeal No. 653 of 2007, which was heard along with Death Reference Case No.3/2007. The High Court, by its judgment and order dated 26th February, 2008, affirmed the judgment and order of conviction and sentence awarded by the Trial Court for the concerned offences but converted the death sentence into life imprisonment on each of the 3 counts. The High Court judgment has attained finality.;