MOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition under Arts. 226 & 227 of the Constitution of India was filed in this court by the above-named petitioner in the matter of Arts. 14,16, 19, 21, 29 & 30 of the Constitution read with Rajasthan Prisoners Release on Parole Rules, 1958 and Rajasthan Prisoners (Shortening of Sentence) Rules, 1958 and in the matter of Rajasthan Prisons Rules, 1951 amended in 1968.

(2.) THE facts giving rise to the filing of this writ petition, briefly stated, are that the petitioner who is a resident of District Jhunjhunu, Rajasthan, was allegedly involved in an incident on 18. 5. 1979 for which an F. I. R. was registered against him for offence under S. 302/148 I. P. C. THE petitioner was arrested on 25. 5. 1979 and after completing the investigation police filed a charge-sheet in the court for trial. After trial Sessions Judge, Jhunjhunu found the petitioner guilty of offence of murder under S. 302/148 IPC and convicted and sentenced the petitioner for the said offence in Sessions Case No. 21/1979 to life imprisonment. Feeling aggrieved against his conviction and sentence, the petitioner preferred an appeal vide D. B. Criminal (Jail) Appeal No. 144/80 which was dismissed by this court on 17. 07. 1980. THEre after the petitioner preferred an appeal against the judgment of the High Court, dated 17. 7. 1980 before Hon'ble Supreme Court which too was dismissed.

(3.) LOOKING to the qualifications, academic attainments and the conduct of the petitioner which was excellent in jail throughout, I am of the view that the petitioner should have been allowed to deposit his fee in the S. S. G. College in time and as a result of the objections raised by the respondents, academic career of the petitioner has seriously suffered.