Murderers to be released without serving full sentence on I Day by Goa Govt.
Sense and Sensibility of releasing 2 Murder convicts, both in question. Cr.PC forbids release of those served with Lifer, unless they have served 14 Years in prison.
Goa government decided to remit the sentences of 3 Convicts currently serving rigorous imprisonment, 2 of them convicted for Murders, to be released on the occasion of "Independence Day" to commemorate 75th Anniversary of India's independence.
Two of the accused who were served with Life Imprisonment sentence, Ajit Bezbaruah, is a native of state of Assam; Vinay Kerkatta is a native of the state of Jharkhand.
Ironical is the fact that, Vinay Kerkatta who fled after murdering a fellow labourer in Verna in early Jan 2018; was caught within 24 hrs, after great efforts of Verna Police; and then SP South Goa, announced a reward of Rs.5,000 for Verna Police for their exemplary work in solving the case.
While the 2nd August report of “The Goan” mentions, he was convicted for 7 Yrs RI; on a query it has been found that, another accused with the same surname; but different first name has been convicted for Life Imprisonment; for the similar crime, under similar circumstances and at the same location. It cannot be so much of a coincidence, for a small state of Goa.
While remitting sentences is the power of the executive vested under Section 433 of Criminal Procedural Code; how fair it is to release the convict, who murdered a young person (probably only bread winner for his family, as he was a labourer from Jharkhand) to be released without serving the full sentence?And that too, when he caught due to alacrity of Goa Police, and a reward was announced for the same? Not withstanding to the fact, that almost every 5th day, a new case of murder is being reported in Goa.
While the Goa Police and State Prosecution, works hard to get the deceased justice; the government releases the murder convict.
These are some of the few cases, where the conviction has been swift by the law enforcement as well as judiciary officials; while many murder cases, languish on for years.What would be the impact on the morale of Goa Police officials and State Prosecution, is anybody's guess.
Section 432 of Criminal Procedure Code lays down some guidelines and rules to suspend or remit sentences:
A) Whenever the application is made to the appropriate Government for the suspension or remission of a sentence the appropriate Government may require the presiding Judge of the Court before or by which the conviction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of trial or of such record thereof as exists.
There is no information,if it was followed or not? Was there an application made by the convicts for their pre-mature release, and under what grounds?
B) If any condition on which a sentence has been suspended or remitted is, in the opinion of the appropriate Government, not fulfilled, the appropriate Government may cancel the suspension or remission, and thereupon the person in whose favor the sentence has been suspended or remitted may if at large, be arrested by any police officer, without a warrant and remanded to undergo the unexpired portion of the sentence.
Has there been any conditions laid down by the Government of Goa for their release, or it has been a blanket pardon?
Ironical is the fact, that Life Imprisonment Convicts cannot be released, unless they have served 14 Years in Prison.
As per Section 433-A of the Code of Criminal Procedure, notwithstanding anything contained in Section 432, where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under Section 433 into one of imprisonment for life, such person shall not be released from prison unless he had served at least 14 years of imprisonment.
A life convict covered by Section 433-A cannot invoke for his premature release under Sections 432 and 433 if he has not completed 14 years of actual imprisonment without any remission. The right to ask for remission of sentence by a life convict would be under the law as was prevailing on the date on which the judgment of conviction and sentence was passed.
While the sensibility of the decision to release the murder convicts before they have served the sentence is a question; the sense of releasing them is also a question, as per the rules laid out in the Criminal Code of Procedure.