RAGBUNANDAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The present application has been moved by Raghunandan Singh and his brother Shri Pal Singh under Article 226 of the Constitution of India challenging the validity of orders dated 13.11.1979 of the State Government, opposite-party no. 1, in exercise of its power under section 6 of the Uttar Pradesh Prisoners Release on Probation Act, 1938 (hereinafter referred to as the Act) revoking the licenses of the two applicants dated 3t.1.1971 and 10.10.1969 respectively with effect from 26.4.1979, in pursuance whereof they were taken into custody and lodged with Superintendent, Central Jail, Fatehgarh, district Farrukhabad, opposite-party no.

(2.) The admitted facts appearing from the petition, the affidavits and supplementary-affidavits accompanying the same; counter-affidavits of Asharafi Lal Misra, Jailor, Central Jail Fatehgarh and of Sm. Srivastava, Upper Division Assistant in Homes (Jail)Section-31 U.P. Secretariat, Lucknow and the accompanied annexure are as follows

(3.) Both the petitioners were tried and convicted by the Civil and Sessions Judge, Farrukhabad in Sessions Trial No. 216 of 1961 under sections 148/302/149 and section 302/34 I.P.C. It is not dictated that they were sentenced to life imprisonment. Their appeals No. 745 of 1963 and 746 of 1963 in this Court were dismissed on 25-9-1963 and their convictions and sentences were upheld.