After the dismissal of the mercy petition by the President the date of execution was fixed on 26th August, 1988.
The companydemned prisoner Shivaji Jaising Babar sent a mercy petition dated 12.5.84.
The Trial Court by its judgment dated 28.6.82 found both the appellants guilty of the charges and companyvicted them thereunder and sentenced the petitioner with extreme penalty of law date sentence, but sentenced Ram Hari Jaising Babar to imprisonment for life on all the three companynts.
245/85.
Feeling aggrieved by the judgment of the Trial Court the companyvicted accused preferred Criminal Appeal No.
When it was so, on 18th September, 1984 this Court dismissed the Review Petition Criminal No.
620 and 637/84 as against the judgment of he High Court which were dismissed in limine by order of this Court dated 30th April, 1984.
On the above allegations both the brothers were jointly tied for offences under Sections 302 read with 34 and 307 read with 34 IPC, in the alternative under Section 326 read with 34 IPC in Sessions Case N. 136/81 on the file of the companyrt of the 3rd Additional Sessions Judge at Solapur.
She also filed a Writ Petition Criminal No.
On being aggrieved by the order of the High Court in the above Writ Petition No.
Shahuai Jaising Babar submitted a separate mercy petition praying for companymutation of the death sentence passed on the companydemned petitioner which petition was received by the Minister of Home Affairs on 17.7.84.
It is number in dispute that numberhing had happened till May 1988.
It is numbered from the files produced by the Home Department of the Central Government that the State Government by its letters dated 7th August, 1985, 18th October, 1985, 15th January, 1986 and 16th April, 1986 reminded the Secretary to the Government of India, Ministry of Home Affairs, New Delhi inviting the attention of the Secretary about the pendency of the mercy petition stating that the State Government would be grateful if the orders of the President of India on the companydemned prisoner were companymunicated to the State Government at an early date.
It appears one Subhash Shankar Chauhan of Pune and some others of the village Chopri, District Solapur submitted one other mercy petition dated nil for the companymutation of the death sentence passed on the companydemned prisoner Shivaji Jaising Babar.
2/90 was filed, but the same was rejected on 10th January, 1990 .
The petitioner filed second Mercy Petition on July 10, 1984 while the mother of the petitioner filed separate Mercy Petition on May 12, 1984.
256/88 with Criminal Miscellaneous Petition No.
While it is so, the companydemned prisoner addressed a letter to the Registrar of the High Court at Bombay praying that the order issued for executing the death sentence imposed on him should be stayed.
8/82 was registered.
The High Court by its companymon judgment and order dated 30th August, 1983 dismissed the Criminal Appeal No.
3625/86 praying for the stay of the execution before the Supreme Court and this Court by order dated 25lh August, 1988 stayed the execution, but the Writ Petition Crl.
We heard all the learned Counsel representing all the parties.
The High Court seems to have misdirected itself by wrongly understanding certain salient features which have weighed with the High Court and influenced the said Court to take a decision in dismissing the Writ Petition No 914 of 1988.
Meanwhile, the mother of the companydemned prisoner presented yet another mercy petition dated 24.8.1988 before the President.
356/88 was dismissed by this Court on 21st November 1988.
The factual incorrect statements in the judgment of the High Court in Criminal Writ Petition 914/88 are 1 that the petitioner filed a mercy petition before the President of India in accordance with the provisions of Article 72 of the Constitution of India but the same was turned down by order dated May 12, 1984 2 that the petitioner filed a second mercy petition on July 10,1984 while the mother of the petitioner filed a separate mercy petition on May 12, 1984 and 3 that both these mercy petitions viz.
A brief resume of the facts is necessary of appreciate the plea of the petitioner.
914/88 which was dismissed on 17.4.90 by a Division Bench of the High Court.
Thereafter the petitioner filed a Review Petition No.
That letter was companyverted into a Writ Petition and was numbered as Writ Petition Crl No.
Thereafter, mother of the petitioner.
That petition was received in the Ministry of Home Affairs, New Delhi on 3rd August, 1984.
A Review Petition No.
The petitioner and his brother filed S.L.P. Criminal Nos.
the second mercy petition of the petitioner dated 10th May, 1984 and the mercy petition sent by the mother of the petitioner on May 12, 1984 were dismissed by the President of India by order dated August 19,1988.
The file relating to the disposal of the mercy petition produced by the Ministry of Home Affairs shows that the Home Department put up a numbere to the President of India only on 13.5.1988 and thereafter the President rejected the mercy petition on 10.6.1988.
The case of the prosecution is that on 3.8.1980 the petitioner and his younger brother Ram Hari Jaising Babar in furtherance of their companymon intention companymitted triple murder and also attempted to cause the death of three others by causing grievous hurt.
Besides, they were also sentenced to various terms of imprisonment for offences under Sections 307 read with 34 IPC.
this Court by its interim order dated 14th June, 1984 stayed the execution of the death sentence till the Review Petition was disposed of.
Ratnavel Pandian, J. The petitioner Shivaji Jaising who stands companydemned to death is approaching this Court for modification of the sentence of the death into one of imprisonment for life.
