SHIV KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) SHIV Kumar has filed this petition under Section 482 of the Code of Criminal Procedure read with Article 226/227 of the Constitution of India for quashing jail punishments dated 15.6.89, 12.3.90 and 15.11.90 awarded by the Superintendent, District Jail, Rohtak.

(2.) THE petitioner was convicted under Section 302 IPC and was sentenced to undergo life imprisonment on 30.3.1988 by the Additional Sessions Judge, Rohtak. The petitioner remained as undertrial prisoner from 4.7.1987 to 29.3.1988 and thereafter he is undergoing life imprisonment and on 9.12.1990 he was transferred from District Jail, Rohtak to Central Jail, Hissar.

(3.) IT is further alleged by the petitioner that similarly on 12.3.1990, the petitioner was implicated in another false case on the allegation that he had sent a false certificate with regard to his sister's marriage. In this case, the petitioner was awarded punishment and a cut of four days was imposed in his remissions. It has been further alleged by the petitioner that neither the said false certificate was ever shown to him nor its contents were put to him. The petitioner never submitted such an affidavit as is alleged nor he was ever afforded any opportunity to defend himself or to cross-examine the witnesses examined by respondent No. 2.