DHARAM PAUL Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON 26th April, 1982 learned Sessions Judge, Rohtak, convicted detenu petitioner Dharampal of the commission of the offence under section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life. While undergoing the sentence Dharampal is alleged to have beaten convict headmen Kalu Ram on 26th June, 1988 and quarrelled with another convict headman Prithi on 30th June, 1988. On 1st July, 1988, Superintendent, District Jail, Rohtak, ordered reduction in status of the delinquent convict headman Dharampal and reduced him as ordinary prisoner for three months.

(2.) CRIMINAL Misc. No. 10882-M of 1990 has been filed by delinquent detenu Dharampal for quashing of the jail punishment on the grounds that the accusation against him is false, that no enquiry in respect of either of the two incidents aforesaid was conducted by Superintendent Jail and that judicial appraisal of the Punishment was accorded without issuance of any notice to him by the learned Sessions Judge, Rohtak.

(3.) IN fact, it was a matter of maintaining discipline inside jail through convict-headman. In case the convict-headman started quarrelling with each other inside jail, the discipline inside the jail was likely to be shattered thereby. This was presumably the reason which prompted Superintendent Jail, Rohtak, to order the holding of a complete enquiry in this regard by the assistant Superintendent, jail, concerned. Besides the fact finding enquiry conducted by the Assistant Superintendent, detenu petitioner Dharampal is also recorded to have confessed the lapse attributed to him before the Superintendent Jail on 30th June,1988. Leaving aside the enquiry report the confession aforesaid justifies punishment. Judicial appraisal was accorded the learned Sessions Judge, Rohtak, on 1st August,1988. Letter No. 4138 dated 1st August, 1988 addressed to Superintendent Jail, Rohtak in this regard reads :-