SHER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SHER Singh petitioner is undergoing imprisonment for life for the murder of Inder Singh under the orders dated 3-12-1980 of the learned Additional Sessions Judge, Ferozepore. It is admitted in the return that the petitioner has by 24-5-1989, undergone 8 years, 11 months and 15 days of actual sentence besides earning remissions to the extent of 6 years and 5 days. It is not disputed that the conduct of the petitioner in the jail has remained good throughout. The mercy petition filed by the petitioner under Article 161 of the Constitution was not being disposed of promptly. The petitioner then approached this Court in C.W.P. No. 1342 or 1989 wherein S.S. Grewal, J. vide order dated 2-8-1989 directed the respondents to dispose of his mercy petition for premature release within four months. On getting no response from the respondents regarding the disposal of his mercy petition. the petitioner has again filed this writ petition, contending that by now he had undergone 9 years and seven mouths of actual sentence and 15 years and 7 mouths in all including remissions earned by him.

(2.) IN the return it is stated by the respondents that the mercy petition of the petitioner for premature release was dismissed by the concerned authority after due application of mind. The order of dismissal has been annexed as Annexure R.I. I have heard the learned counsel for the parties besides perusing the record.

(3.) THE matter does not rest here as the prescribed authority for rejecting the mercy petition for premature release has taken into consideration that Mst. Dhano widow of Inder Singh deceased had appeared as an eye-witness against the accused in the murder case and that she apprehends danger to her life and the life of her minor children at the hands of the petitioner if released prematurely. The relations of the deceased would not relish the release of the accused prematurely. It is not acceptable that simply because Mst. Dhano had figured as an eye-witness against the petitioner in the case relating to the murder of her husband, the petitioner would try to kill her especially as the previous motive was confined to Inder Singh deceased only and it is not a case of that type where the murder took place due to dispute between-the two families over the possession of land or some other cause.