PARVEEN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave Granted.

(2.) The question to be considered in this appeal is whether the appellant 's application for grant of remission to the State of Haryana will be governed by the 'Policy Regarding Release of Life Convicts 2002[ 2002 Policy] ' dtd. 12/4/2002 or the subsequent Policy dtd. 13/8/2008 termed as 'Premature Release of Life Convicts 2008 [2008 Policy] ' as notified by the Jails and Judicial Department, Government of Haryana.

(3.) Since we are only concerned with the question of applicability of a policy, the facts in which the question arose has limited relevance, save and except to note that the appellant stood convicted for murder of a 12 year old child, on 3/1/2009 in connection with FIR No.670 of 2007 dtd. 25/9/2007 lodged at PS City, Gurgaon. He was sentenced to undergo life imprisonment under Sec. 302 Indian Penal Code, 1860 [IPC], five years of imprisonment under Sec. 365 IPC and two years under Sec. 201 IPC. The High Court by judgment [CRA No.198 of 2009] dtd. 16/7/2013 partly allowed the appeal setting aside the conviction under Sec. 365 IPC. Appeal against the said judgment to this Court was dismissed[ SLP (Crl.) No.2128 of 2014] by an order dtd. 15/9/2015 which has attained finality.