BUTA SINGH Vs. STATE OF PUNJAB AND ANR.

JUDGEMENT

(1.) THIS is a petition under Section 482 Code of Criminal Procedure for quashing of the impugned letter dated 16.7.2008 (Annexure P -4) rejecting the case of the Petitioner for grant of better class facilities.

(2.) The Petitioner is admittedly undergoing imprisonment in case FIR No. 80 dated 17.11.1995 under Sections 302, 201, 498 and 34 IPC, registered at Police Station Sangat, Bathinda. During the imprisonment, the Petitioner was earlier awarded better class facilities being educated and also on account of the fact that he fulfilled all requirements of Para 509 of Punjab Jail Manual. This fact is evident from the letter dated 30.11.1999 written by Inspector General Punjab (Jails), Chandigarh to Superintendent, Central Jail, Bathinda, which is placed on record as Annexure P -2. Learned Counsel further contends that his case is squarely covered by the ratio of the judgment rendered in the case of Balkaran Singh v. State of Punjab and Anr. decided on 31.7.2009 by this Court, which is placed on record as Annexure P -11.

(3.) LEARNED State counsel, however, vehemently opposed the petition and states that this petition is different from that of Balkaran Singh's case (supra) as he was guilty of offence not only of murder but also of greed as he killed his own wife. As such, the crime is not covered for grant of B Class facilities in accordance with law laid down in Punjab Jail Manual in Para 509 (i)(C)(1).