SUKHDEV SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Articles 226/227 of the Constitution of India has been filed by Sukhdev Singh who is undergoing life imprisonment in the District Jail, Sangrur, for an offence under Sec. 302/34 of the Indian Penal Code, The case of the petitioner is that during the trial he had given his age as 19 or 20 years when his statement under Sec. 342 of the Criminal Procedure Code (old) was recorded and that in the warrant by which he was sent to custody again the same age was mentioned. It is further asserted that in view of this the respondent ought to have accepted his age to be below twenty years at the time of the commission of the offence and given him the benefit of paragraph 516 -B(b), of the Punjab Jail Manual and that his case ought to have been forwarded for the orders of the State Government after he had suffered imprisonment for ten years including remissions.

(2.) The petition is contested on behalf of the respondent through the affidavit of Son Parkash Chand, Inspector -General of Prisons, Punjab, and it is stated that under instructions issued vide letter No. 11927/JJ -72/2654, dated 2 5th October, 1972, actual date of birth of the convict has to be determined before he is to be considered for release under para 516 -B(b) It is further added that the petitioner was asked to produce documentary evidence in support of the actual date of birth but as he failed to do so his case could not be considered under the relevant paragraph of the Punjab Jail Manual.

(3.) The principal and in fact the only contention raised on behalf of the petitioner is that the age of the petitioner having been recorded as 19/20 years in the judgment and in the commitment warrant, the Jail authorities had so jurisdiction to proceed to determine the age for the purpose of giving him benefit of paragraph 516 -B(b) of the Punjab Jail Manual and that they were bound to accept his age as recorded in the warrant and proceed to deal with his case accordingly.