RAVINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner, who is serving the sentence of imprisonment for life after being convicted along with his parents for an offence punishable under Sections 304 -B and 498 -A IPC by Additional Sessions Judge, Yamunanagar at Jagadhri vide order dated 9.3.1992, prayed for issuing directions to the respondents to grant all special remissions and count them towards the sentence undergone by him which have been denied to him and granted to other convicts by the respondents.

(2.) LEARNED counsel for the petitioner submitted that the petitioner remained in custody during his trial since the date of his arrest i.e. 11.8.90 and after his conviction, he has been continuously undergoing the sentence of imprisonment awarded to him. He further submitted that he has been denied special remissions which were granted by the respondents to other convicts solely on the ground of his conviction under Section 304 -B IPC. In support of this submission, he relies upon a Division Bench judgment of Andhra Pradesh High Court in Jagaram v. State of Andhra Pradesh, 1986 Cri.L.J. 1424 and Suresh Kumar v. State of Haryana, 2000(1) RCR 50 :, 2000(1) JR 87. He submitted that period of remissions during his confinement in jail shall be counted towards his sentence undergone by him in accordance with law. This submission, however, overlooks the position taken by the State in reply to paras 4 to 6. In reply, the respondents have submitted that as per the government instructions, copies of which are annexed as R1 to R3, no remission will be granted to the convicts of rape, dowry death, abduction of a child below 14 years and his murder. Thus, the petitioner is not entitled to get the benefit of remissions. Apart from this submission that the case of a convict for premature release has to be dealt with on the basis of the instructions prevalent at the time when he committed the offence cannot be accepted. This submission ignores the legal position as stated by the Apex Court in State of Haryana v. Bal -wan, 1999(4) RCR 65, which clearly lays down that premature release of accused persons convicted before the said date are to be considered on the basis of government instructions and dates of their conviction. Section 433 -A of the Code of Criminal Procedure will apply to those life convicts who were convicted after 18.12.78, If life convicts are to be given a larger benefit, it can only be done now under Articles 72 and 161 of the Constitution of India."

(3.) PETITION dismissed.