CHANDAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has prayed for his premature release under instructions issued by the Haryana Government on November 19, 1991, Annexure R-I.

(2.) THE facts of the case are that the petitioner was arrested on August 15, 1982, for an offence under section 302/34 of the Indian Penal Code. He was convicted on September 13, 1993, by the Sessions Court and was awarded life imprisonment. The petitioner has contended that till the date of filing of the petition, he has undergone 12 years 9 months and 11 days actual sentence and has earned 6 years 4 months and 12 days remissions. Thus, he has undergone 19 years of sentence. Under the instructions Annexure P-1, his case does not fall under para 2(a) but it falls under para 2(b). He is not convicted of committing any heinous offence. His case though recommended by the jail authorities has been wrongly dismissed by the respondents holding that his case falls under para 2(a) of the said instructions. Hence he prays that he be released prematurely.

(3.) THE respondents have produced Annexure R-II, wherein facts of the case are enumerated in para No. 2. From these facts it is apparent that the petitioner wanted to marry a girl who was married to Ranbir with the efforts of Shimbhu 1-1/2 years prior to the incident. Consequently the petitioner and his mother started nursing a grudge against Shimbhu. On the date of incident, accused- petitioner Chandan armed with a Lathi and co-accused armed with a Ballam belaboured Shimbhu. It is an admitted fact that the petitioner gave only Lathi blows to the deceased, while the co-accused gave him spear blows and thus Shimbhu succumbed to the injuries sustained in the incident. In my considered view, the State Government has wrongly held that the petitioner's case falls under para 2(a) of the said instructions. He is not convicted of any heinous crime. It is an ordinary murder case with motive as the petitioner wanted to marry the girl who was married to another man on the intervention of Shimbhu.