SUBE SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) These are a batch of writ petitions under Article 32 of the Constitution raising the common claim of entitlement to the benefit of Section 5 of the Punjab Borstal Act, 1926.

(2.) In each of these writ petitions, the petitioner has been convicted for the offence punishable under Section 302 of the Indian Penal Code and has been sentenced to life imprisonment. The State of Haryana has challenged the claim of the petitioner in each of these writ petitions.

(3.) Learned counsel for the petitioners has relied upon the decision of this Court in Hava Singh v. State of Haryana, (1987) 4 SCC 207 in support of the claim advanced in the writ petitions. A two Judge Bench of this Court in that case referred to Section 5 of the Act and held :-