Double murder convict can seek remission, says Karnataka HC

Bengaluru: The high court granted liberty to a convict, sentenced to life imprisonment for a double murder in 2009, to seek remission.
"The govt, in its discretion, may in accordance with its order dated Jan 7, 2014, decide whether to grant remission or not to the appellant," a division bench of Justices Sreeniwas Harish Kumar and KV Aravind observed while disposing of the appeal filed by one Frank Anthony.
A resident of Thataguppe village, off Kanakapura Road, Frank, along with one Srinivas, took an 82-year-old woman, Lourd Mary, in a four-wheeler on the night of Aug 9, 2009, saying her daughter Rajamma was unwell. On the way, both fatally assaulted the elderly woman with an iron rod, robbed her jewellery and threw her body on the roadside.
Thereafter, not wishing to share the booty, Frank killed Srinivas. Police took up investigation and Frank was held guilty and sentenced to life imprisonment by a sessions court in June 2021.
Challenging it, Frank argued that the trial court should have held a joint single trial, instead of two, as done in his case. According to him, if a single trial was held, he would have been eligible for remission.
On the other hand, the prosecution said no prejudice was caused to the appellant because the trial court made it clear that the life sentence imposed on him in connection with both cases would run concurrently.
The division bench said the motives being distinct for both offences, it cannot be said that two acts were committed as part of one series of acts connected with the same transaction, though they were done on the same day and look alike.
However, the bench also noted that as offences of the same kind were committed by the appellant, the trial would have concluded latest by the end of Dec 2015 if a joint single trial had been held, but the cases dragged on unnecessarily for five years and six months and a common judgment was pronounced only in June 2021.
As regards remission, the division bench noted that Frank was eligible for it under Jan 7, 2014 guidelines, which did not exclude prisoners convicted of two or more murders from availing the benefit.