BHUPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner in this case was arrested on 12.3.1987 and was sent up for trial for offence under Section 302 read with 34 IPC. The Sessions Judge, Jalandhar, by judgment dated 31.10.1987 convicted the petitioner for the said offence and awarded life imprisonment and a fine of Rs. 5,000/-. His conviction and sentence was maintained by the High Court.

(2.) IN the set of these facts, the petitioner now has come up to the Court to seek a direction that his case regarding pre-mature release shall be governed as per the old instructions dated 12th December, 1985. The State, on the other hand, comesforth with the contention that the case of the petitioner shall be governed by the subsequent instructions that were issued on 8.7.1991. According to the new instructions, the petitioner is required to undergo ten years' actual sentence before he is eligible for being considered for remission or other reliefs. However, as per the old instructions, a period of 7-1/2 years of actual sentence was found to be enough. The short question, therefore, is which of these two instructions would cover the present case.