premature release = remission, accused would have completed 14 years.

NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 1419/2011
RAJA APPELLANT(S)
VERSUS
THE STATE OF MAHARASHTRA RESPONDENT(S)
J U D G M E N T
KURIAN, J.
The appellant is convicted under Section 302 IPC.
The victim is the real brother of the appellant.
There is no ocular evidence. The Trial Court on the
basis of circumstantial evidence and the extra
judicial confession made by the appellant before
PW.1, as corroborated by PW.2, and the recovery,
convicted the appellant under Section 302 IPC and
sentenced him to life imprisonment. The conviction
and sentence was upheld by the High Court by a
detailed judgment.
2. Having heard the learned counsel for the
appellant and having gone through the records, we do
not find any reason at all to take a different view.
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Both the Trial Court and the High Court have
meticulously considered the entire evidence and have
addressed the issues. The possibility of any other
person causing the death of the victim-Santosh by
inflicting fatal injuries has been totally ruled out
and both the Courts below have come to a specific
finding that every finger points only to the
appellant. Hence, we are not inclined to take a
different view.
3. We are informed that the appellant has already
served around 11 years in jail. According to the
learned counsel for the appellant, with remission, he
would have completed 14 years.
4. We direct the respondent/State, having regard to
the peculiar factual circumstances available in this
case, to consider the case of the appellant for
premature release on completion of total sentence of
14 years including remission, as a special case. In
the event of any delay in taking the decision, the
appellant shall be released on self bond, on
completion of fourteen years including remission,
making it subject to the decision of the Competent
Authority, unless required to be detained in
connection with any other case.
5. Subject to above, the appeal is dismissed.
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6. Pending applications, if any, shall stand
disposed of.
…………………..J.
[KURIAN JOSEPH]
…………………..J.
[S. ABDUL NAZEER]
NEW DELHI;
OCTOBER 10, 2018.
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