KHEM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner is a life convict and is under going imprisonment in Central Jail, Ambala. He was convicted and sentenced under section 302 or the Indian Penal Code by the learned Sessions Judge, Ambala by his order dated 18th January, 1973. He was awarded death sentence but on mercy petition, the death sentence was commuted to life imprisonment by the Governor of Haryana on March 21 1974. Accordingly, he has undergone 16 years 9 months and 10 days R 1 including remissions.

(2.) THE grievance of the petitioner is that the state has failed to consider the case of the petitioner in the of the judgment in Maru Ram v. Union of India AIR 1980 S. C. 2147, as was directed by this, Court vide order dated January 4, 1984.

(3.) THE stand taken by the respondents is that the total period undergone including remissions by the petitioner is 16 years 10 months and 14 days and that the Haryana Government has issued general instructions vide Memo No. 43/19183JJ (2) dated 27 February, 1984, that the premature release case of the life convicts whose death sentence has been commuted to life imprisonment by the Governor/President of India on mercy petitions shall be considered after the completion of 14 years of their actual substantive sentence. Copy of the aforesaid instructions is attached with reply as Annexure R.1.