RAJ KUMAR ALIAS BILLA Vs. STATE OF HARYANA

JUDGEMENT

(1.) SHRI Raj Kumar alias Billa son of Kishori Lal has filed the present writ petition under Section 482 of the Code of Criminal Procedure read with Article 226 of the Constitution of India praying for issuance of appropriate orders/directions for quashing the order dated 26.3.1998 vide which case of the petitioner for premature release was declined by the respondent authorites. It was also prayed in the petition that the State Government should apply those instructions which were enforceable on the date of the conviction. In the petition it was pleaded by the petitioner that even though latest instructions are applied, his case in covered under para 2(b) of the latest instructions dated 4.2.1993 as amended on 17.7.1998. Further contention of the petitioner in the writ petition is that he cannot be discriminated in the matter of premature release when his co-accused has already been granted benefit of premature release.

(2.) THE stand of the petitioner has been disputed by the State on the ground that since the petitioner has committed heinous offence of murder by exhibiting brutality by burning a person of human being. Therefore, his case is covered under para (a) of the instructions dated 4.2.1993 as amended on 17.7.1997. The petitioner Shri Raj Kumar alongwith Rajinder alias Jangi, Tejinder Kumar and Padam Parkash were tried in case FIR No. 676 dated 3.11.1998, under Sections 302/323/307/34 I.P.C. registered at Police Station City, Yamuna Nagar. The offence was registered after the assassination of Smt. Indira Gandhi, the then Prime Minister of this country. The material allegations against the present petitioner and his co-accused are that petitioner Shri Raj Kumar alias Billa was having a bottle containing petrol and he put the petrol on the body of Santokh Singh. Other two co-accused Tejinder Kumar and Padam Parkash exhorted their co-accused present petitioner and Rajinder to put to body of Sukhdev Singh on fire on which Raj Kumar present petitioner who was having a match box showed fire upon the body of Santokh Singh. At that moment, Rajinder Kumar alias Jangi had released the hair of the deceased. As a result of the fire, Santokh Singh stated crying and he fell down and subsequently died.

(3.) LEARNED counsel for the petitioner submits that even applying the latest instructions of the Haryana Government, the case of the petitioner is not covered under para 2(a) of the instructions dated 4.3.1993 and that this case falls under para 2(b) of those instructions. The learned counsel submitted that as per latest instructions the petitioner has become qualified for premature release. On the contrary contention of the State is that the case of the petitioner falls within para 2(a) of the instructions and since he has not undergone 14 years actual sentence including under-trial detention period, the petitioner is not entitled to premature release. In the alternative is was submitted by the learned counsel for the petitioner that the petitioner cannot be discriminated in the matter of premature release when his co-accused Rajinder alias Jangi has already been released by the State Government vide order Annexure P.7, dated 13.6.1997. The learned counsel submitted that the case of the petitioner and that of his co-accused Shri Rajinder who has been convicted in the same F.I.R. is the same.