GIAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER had been convicted under Sections 302, 307, 34 of the Indian Penal Code and Section 3(2)(i) of the Terrorist and Disruptive Activities (Prevention) Act, 1985 and sentenced to death. Petitioner filed an appeal against the conviction as well as the sentence. The Supreme Court confirmed the conviction of the petitioner and reduced the sentence to imprisonment for life. This sentence of imprisonment for life has been imposed on the petitioner by the Supreme Court as an alternative to the death sentence. The reduction in the sentence has been misconstrued by the respondents. The case of pre-mature release of the petitioner under instructions dated July 8, 1991 has been considered and rejected on the basis that the sentence has been commuted from death to life imprisonment. Under the instructions a convict who has been sentenced to life imprisonment where death penalty is prescribed as a punishment, has to undergo 12 years actual imprisonment and 18 years with remission. On the other hand convicts whose death sentence has been commuted have to undergo 14 years actual imprisonment and 20 years imprisonment with remissions. Therefore, it becomes apparent that the case of the petitioner has not been considered in accordance with law.

(2.) POWER of revision and commutation of sentences are vested in the Government by virtue of Sections 433, 433-A, 434 and 435 Criminal Procedure Code, 1973. These are essentially executive functions to be exercised within parameters laid down in the aforesaid sections, and any instructions issued in conformity with these provisions. On the other hand imposing a sentience on conviction or reducting the same in appeal are judicial functions. This view of mine finds support from a recent judgment of the Supreme Court in the case of Dadu Tulsidas v. State of Maharashtra etc., 2000(4) RCR (Crl.) 275 : 2000(4) Crimes 124 (SC).

(3.) CONSEQUENTLY , the petition is allowed. Respondents are directed to reconsider the case of the petitioner on the basis that the sentence imposed on him is life imprisonment and not death. Let the necessary orders be passed within a period of four weeks from the date of receipt of copy of this order. Petition allowed.