GURVAIL SINGH @ GALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This Writ Petition is filed for direction to convert the sentence of the petitioner from 30 years in jail without remission to a sentence of life imprisonment; and further to declare that this Court is not competent to fix a particular number of years (with or without remission) when it commutes the death sentence to life imprisonment while upholding the conviction of the accused under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as 'the IPC').

(2.) Facts and circumstances giving rise to this petition are that:

(3.) Shri Rishi Malhotra, learned counsel appearing on behalf of the petitioner, has submitted that this Court lacks the power to issue directions that convicts shall serve a particular minimum sentence with or without remission when death sentence is commuted to life imprisonment. Such an argument is being advanced in view of the judgment of this Court in Sangeet & Anr. v. State of Haryana, 2013 2 SCC 452, wherein a two Judge Bench of this Court while dealing with the issue considered the earlier judgments and observed: