RESHAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RESHAM Singh, petitioner is a life convict. On the date of making this Criminal miscellaneous, he had undergone 10 years 8 months and 26 days and earned remissions for 7 years 2 months. He moved a mercy petition under Article 161 of the Constitution of India, seeking his premature release which was rejected by the Govt. Through this criminal miscellaneous, he invokes the jurisdiction of this Court under Articles 226/227 of the Constitution of India for securing his premature release.

(2.) PREVIOUS mercy petition of the petitioner was rejected by the Govt. vide order dated 28.8.89. At that time, record of some other person, named Resham Singh was taken into account and his two previous jail convictions were considered. The petitioner then moved this Court and vide judgment dated 19.4.90, a direction was issued that the mercy petition of the petitioner be reconsidered within three months. It was then considered and again rejected. The grounds mentioned are as under :

(3.) IT was a case of murder within the family and the petitioner had murdered, his own wife. One of his sons had appeared as a witness against him. During this entire period, the relatives have not arranged for his release or furlough for the obvious reason that they are scared of him. In the background of this case and the circumstances leading to petitioner's murdering his wife, the State Govt. has rightly disposed of his mercy petition. Inquiry was made in the village. Lambardar Gurbax Singh and Ex-Sarpanch Banta Singh, Bikkar Singh son of the petitioner and his wife Smt. Jaswinder Kaur (daughter-in-law of the petitioner) have also opposed his release. The respondent-authorities had, thus, considered all the attending circumstances and reached the conclusion that the petitioner was not entitled to premature release. His mercy petition had been correctly rejected and no case is made out for ordering his premature release in this criminal miscellaneous which is hereby dismissed.