KULDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Deputy Advocate General for the respondents/State.

(2.) The petitioner is undergoing sentence consequent upon his conviction under Section 304 Part II of the Indian Penal Code and is lodged in Central Jail, Gurdaspur. The petitioner has filed this petition under Articles 226/227 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure, praying that it be held that the petitioner is entitled to all the remissions granted by the State of Punjab and the respondents be directed to take into consideration all the said remissions and thereafter decide the case of release of the petitioner. The various instructions issued by the respondent/State, giving special remissions to the convicts undergoing sentence in different jails in the State of Punjab are contained in the Government orders, copies of which are annexed as Annexures P-3, P-4, P-5, P-6 and P-7. These instructions are dated 19.8.1986, 10.11.1989, 2.4.1992, 24.1.1994 and 1.3.1995 respectively. The petitioner, was tried on the charge of murder punishable under Section 302, read with Section 34 of the Indian Penal Code in a case registered at F.I.R. No.13 dated 20-1-1986, relating to police station Dhariwal, in the Court of Shri Niranjan Singh, the then Additional Sessions Judge, Gurdaspur along with one other accused, named Mst. Charan Kaur. The learned trial Judge vide his judgement dated 6th August, 1996, convicted petitioner-Kuldip Singh for the offence punishable under Section 304 Part-II IPC and sentenced him to suffer rigorous imprisonment for seven years thereunder. An appeal was filed in this Court, (being Criminal Appeal No. 521-SB of 1986), which came up for hearing on 13.1.1995 and was dismissed on merits and the conviction of Indian Penal Code was maintained, but the sentence of seven years R.I. reduced to four years R.I. The first instruction, copy of which is Annexure P-3, was issued on 19-8-1986, i.e. subsequent to the appellant's conviction by the trial judge. Case of the petitioner is, thus, covered by the instructions Annexures P-3 to P-7 subject to his eligibility for the remissions announced and declared by the aforesaid orders of the State Government.

(3.) Notice of motion was issued to the respondent/State. Respondent Nos. 1 to 3, i.e. the State of Punjab, through Secretary to Government, Home Department, Inspector General of Prisons, Punjab and Superintendent, Central Jail, Gurdaspur, filed joint written statement. The stand of the respondents is that the petitioner after dismissal of his appeal by this Court did not surrender for serving out the sentence finally awarded to him, within 15 days of the date the judgement delivered in appeal. Hence, he is not entitled to the remissions, which have been referred to above. It was mentioned in the written statement that the Additional Sessions Judge, Gurdaspur, had issued a warrant on 22.3.1995 for arrest of the appellant. The appellant remained on bail from 24.8.1986 to 23.5.1995. Reference has also been made to a Criminal Writ Petition No. 5165-M/1993 (State v. Amrik Singh), which was alleged to be of the same nature and dismissed by this Court on 7.10.1993.