BALJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Major Singh, detenu, is undergoing imprisonment for life and some other short sentences under the orders dated 7-8-1981 of the Addl. Sessions Judge, Barnala. Admittedly, he has undergone 9 years, 5 months and 23 days of actual imprisonment including the period of detention besides earning remissions to the tune of 6 years 10 months and 15 days. His conduct in the Jail has been good throughout. The mercy petition filed by the petitioner was rejected by the State Government on 9-5-1999 vide order, copy Annexure P-2, by observing in paras No. 3 and 4 as under

(2.) A bare glance through the above said order reveals that the motive for the commission of the murder resulting in imposing imprisonment for life was considered by the concerned authority. In a way it can be well said that the concerned authority took the above referred motive of immoral design as an aggravating circumstance. The mental state of a prisoner can only be inferred from his behaviour or conduct. There is nothing on the file that Major Singh convict had actually passed some indecent remarks or avertures to any female. On the other hand, the murder of Gulzar Singh was committed by him when the latter protested regarding his sitting in front of the house of the complainant party. Thus it cannot be said that Major Singh had committed the murder in a cruel or revolting manner or that he was a man of deprayed character especially When there is nothing on the file that during the period he remained on parole, he had tried to misbehave with any female of his village.

(3.) The other ground on which the mercy petition was rejected as per the above referred order is that there was tension between the parties whenever the convict was released on parole. This allegation is vague as there is no specific report in this regard or the file or relied upon in the order rejecting the mercy petition. Consequently, such like vague report is irrelevant for concluding that there is reasonable apprehension of the breach of peace if Major Singh is released prematurely. On the other hand, a detenu is required to execute certain bonds to the satisfaction of the concerned authorities undertaking to keep peace and be of good behaviour and in case he commits any default of these undertakings, he is liable to be rearrested for undergoing the remaining period of sentence.