RAJ KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and Mr. Janardhan Singh, learned Additional Government Advocate.

(2.) IN short, it may be stated that Raj Kumar Gupta, the petitioner of this case, was convicted under Section 302 I. P. C. for having killed his wife and was awarded death penalty by the Court of VI Additional Sessions Judge, Lucknow. However, in the Criminal Appeal No. 191/565 of 1988, this Court, while maintaining the conviction, converted the sentence of death penalty into imprisonment for life. The petitioner, as alleged, has completed 16 years 2 months imprisonment without remission and 20 years 10 months 15 days with remissions. These facts are not disputed by the State and in Para 7 of the counter-affidavit, Sri Anil Tyagi, Deputy Jailor, Model Jail, Lucknow has conceded that the petitioner has served more than 16 years in jail without remission. If remission of 5 years 10 months and 24 days is allowed and calculated accordingly, the petitioner would be deemed to have been in jail for about 22 years. As the petitioner became eligible to be released on probation, the Jail Authorities have issued Form 'a' on 28th April, 2003 for consideration of his premature release. The District Magistrate made an endorsement in favour of the petitioner and his case for premature release was also recommended by the Probation Board. However, his claim for release on probation under U. P. Prisoners' Release on Probation Act, 1938 has been rejected by the Government on the ground that the petitioner has been convicted and sentenced to imprisonment for life on the charge of killing his wife for dowry.

(3.) IN these circumstances, we find it appropriate to set aside the impugned order dated 11th December, 2004, which is Annexure 1 enclosed with the counter-affidavit of the Government and refer the matter back to the Government for consideration of the petitioner's petition for release afresh.