MAKHAN Vs. SUPERINTENDENT OF CENTRAL JAIL

JUDGEMENT

(1.) The petitioner was convicted for the offence under Sec. 302 Penal Code by a decision of the Sessions Judge, Jhunjhunu dated 6th Dec., 1977. He was sentenced to imprisonment for life and a fine of Rs. 200.00 and in default of payment of fine to further undergo two months' rigorous imprisonment. The petitioner remained in jail during the trial from 21st March, 1977 to 6th Dec., 1977. Besides this, he suffered imprisonment from 6th Dec., 1977 to 18th Sept., 1978 and again from 8th May, 1986 to 15th May, 1995. He has suffered actual imprisonment for ten years six months and five days. The remission given by the jail authorities during this period is one year nine months and 13 days.

(2.) The petitioner is suffering from tuberculosis and also C.B.A. (L) Hemi Paresis. For this disease he was examined and treated at S.M.S. Hospital and at the Hospital for disease of Chest and tuberculosis.

(3.) The petitioner filed a habeas corpus petition before this Court which was registered as D.B. Habeas Corpus petition No. 7049/1993 and this was disposed with the direction that the case of the petitioner should be considered for per-mature release by the Advisory Board.