RAM DHARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER Ram Dhari alongwith his wife and son were held guilty by the learned Sessions Judge, Karnal for offence punishable under Sections 302/34 Indian Penal Code. It had been alleged that the petitioner alongwith his co-accused sprinkled kerosene oil on his daughter-in-law. They set her on fire. As a result of the extensive burns, Krishana, the daughter- in-law died. The petitioner and others were aggrieved against Smt. Krishana deceased for not having brought sufficient dowry. They had treated her with cruelty. The petitioner was arrested on 31st August, 1983.

(2.) RAM Dhari petitioner has filed the present petition under Section 482, Code of Criminal Procedure read with Articles 226/227 of the Indian Constitution for quashing the impugned orders dated 20.5.1993 and 18.8.1993 declined premature release of the petitioner.

(3.) LEARNED counsel for the petitioner urged that his client has already undergone ten years, seven months and twenty days sentence on the date the petition was filed (including under-trial period). He has also earned five years, ten months and ten days remissions of good conduct and, thus, he is entitled to pre-mature release as such. The attention of the Court has been drawn towards the instructions of the Government of Haryana dated 4th February, 1993. In view of the learned counsel for the petitioner, the case of Ram Dhari would fall under para 2(b) of the said instructions. The relevant instructions are reproduced below for the sake of convenience :