DURGA PRASAD Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioners have filed this petition being aggrieved by the orders dated 18-1-2008 and 7-3-2008 (petitioner No. 1) and orders dated 13-12-2007 and 21-2-2008 (petitioner No. 2) by which their applications seeking release on probation under the provisions of M.P. Prisoners Release on Probation Act, 1954 (for brevity "the Act") and the M.P. Prisoners Release on Probation Rules, 1964 (for brevity "the Rules") have been rejected.

(2.) IT is submitted by the learned Counsel for the petitioners relying upon several unreported judgments, that the authority is required to look into each and every factum specifically antecedents and conduct of the prisoners in the prison and thereafter take a decision but in the instant case the authority has rejected the application for release on probation solely on the ground that the manner in which the petitioners have committed the offence was extremely brutal and heinous which is impermissible. IT is also submitted that the impugned order passed by the respondent suffers from non-application of mind, therefore, deserves to be quashed.

(3.) FROM a perusal of the record and the impugned order, it is clear that the petitioners along with Jageshwar, Damodar and others brutally assaulted Rajkumar with stick and continued to do so till he died and in such circumstances, the petitioners being found guilty have been sentenced to life imprisonment by the Sixth Additional Sessions Judge, Jabalpur in S.T. No. 63/83 under Sections 302, 149, 323 and 149 of the IPC.