LAWS(P&H)-1991-2-96

SUKHCHARAN SINGH @ MITHU Vs. STATE OF PUNJAB

Decided On February 15, 1991
Sukhcharan Singh @ Mithu Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) SUKHCHARAN Singh, Petitioners is a life convict, under orders of the Sessions Judge. Ferozepur, dated 10.10.1981. He has undergone 9 years and 9 months, actual sentence, and also earned remissions for 6 years. He moved a mercy petition to the State Govt under Article 161 of the Constitution of India, but it was rejected on 29.3.1990 vide copy of order Annexure P.4.

(2.) THE petitioner has invoked the jurisdiction of this Court under Articles 226/227 of the Constitution of India for issuing a writ and ordering his premature release.

(3.) IN the order Annexure P4, it has been recorded that the conduct of the petitioner in jail was satisfactory. Baljit Singh (deceased) was a witness to the Will, executed by an aunt of the petitioner in favour of her brother's son. The accused and his brother had felt that they had been deprived of a sizable piece of land, which, otherwise, they might have inherited. In this background, apprehension of breach of peace expressed by the District Level Authorities was genuine.