New Delhi: The Supreme Court has ruled
that in murder cases the convict sentenced to life
imprisonment cannot claim any automatic right to be released
after serving a minimum 14 years sentence, except under
extraordinary Constitutional provisions.
The apex court further held that in case of life
imprisonment, a convict should serve a minimum of 14 years
imprisonment.
A bench of Justices Altamas Kabir and Cyriac Joseph
made the remarks while directing Chattisgarh government to
ensure that the convict Ramraj sentenced to life imprisonment
serves at least a minimum of 20 years.
"In the various decisions rendered after the decision
in Godse's case, 'imprisonment for life' has been repeatedly
held to mean imprisonment for the natural life term of a
convict, though the actual period of imprisonment may stand
reduced on account of remissions earned.
"But in no case, with the possible exception of the
powers vested in the President under Article 72 of the
Constitution and the power vested in the Governor under
Article 161 of the Constitution, even with remission earned
can a sentence of imprisonment for life be reduced to below 14
years," the apex court said.
The apex dismissed the appeal of Ramraj who
had claimed that he was entitled to be released after 14 years
on after computing the period of remission granted to
him.
"In the present case, the facts are such that the
petitioner is fortunate to have escaped the death penalty. We
do not think that this is a fit case where the petitioner
should be released on completion of 14 years imprisonment.
"The petitioner's case for premature release may be
taken up by the concerned authorities after he completes 20
years imprisonment including remissions earned," the apex
court said.
Ramraj was convicted and sentenced to life imprisoment
for killing his wife Bigani Bai on October 29, 1993, and
buried her body after passing off the death as natural.
Subsequent exhumation of the body revealed that the
victim was killed with a stick.
According to the prosecution, Ramraj committed the
murder as he was enraged after he wife failed to wake up from
her sleep despite their child crying in the middle of the
night.
-PTI
First Published: Tuesday, December 15, 2009, 00:33