RAJ KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is undergoing life imprisonment in F.I.R. No. 40 dated 30.12.1994, under Section 302 read with Section 120-B IPC, Police Station Raman, District Bathinda, awarded by the learned Sessions Judge, Bathinda vide order dated 11.03.1997. His appeals have been dismissed by this Court as well as the Hon'ble Apex Court. The jail authorities recommended his case for premature release, but the competent authority rejected the case vide order dated 21.08.2012 observing that he has committed a heinous crime by murdering his wife. He is said to have undergone more than 12 years of actual imprisonment and about 18 years with remissions. The grouse of the petitioner is that despite this, the State Government erred in declining the relief to him.

(2.) Upon notice, reply has been filed by the State of Punjab, wherein the custody and eligibility of the petitioner for consideration of his case for premature release is not disputed. It has also been admitted that the case of the petitioner was recommended for premature release. However, the case of the petitioner was rejected on 21.08.2012 by the competent authority as he had committed a heinous crime of murder of his wife. It has further been averred that in the light of policy dated 04.04.2013, the case of the petitioner has now to be reconsidered only after lapse of two years of rejection of the earlier request.

(3.) I have considered the submissions made by learned counsel for the petitioners as well as of the learned State counsel.