BALBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this petition, the petitioner, who is undergoing sentence of life imprisonment in FIR No.84 dated 22.06.1993 registered at Police Station Bawal District Rewari for offence punishable under Sections 302 read with Section 34 of Indian Penal Code (for short 'IPC'), has sought his pre -mature release on the expiry of 10 years of actual sentence and 14 years of sentence including remissions and has challenged the clause inserted vide Government Circular dated 17th July 1997 in the Premature Release of Life Convicts Policy, whereby the case of a person, convicted for murder of a woman, shall be considered after completion of 14 years of actual sentence including under -trial period and after earning at least six years remissions.

(2.) THE petitioner faced trial for the murder of Smt. Sarti Devi and was convicted and sentenced to undergo life imprisonment along with other accused viz Om Parkash and Babu Lal (non -petitioners). In appeal, the sentences of Om Parkash and Babu Lal were converted into sentences for the offences punishable under Sections 325 and 323 of IPC. However, the sentence of imprisonment for life, awarded to the petitioner, was maintained.

(3.) I have heard learned counsel for the petitioner, learned State counsel and have perused the paper book with their active assistance.