ANANT RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) ANANT Ram Petitioner was tried for an offence under Section 302/34 of the Indian Penal Code by Sessions Judge, Kurukshetra and was sentenced to undergo imprisonment for life vide judgment dated 27.9.1986. He alleged that he had undergone actual sentence of 6 years 7 months and 23 days. His age was wrongly given in the warrant as 65 years. In fact he was about 90 years old and was physically handicapped. He had gone almost blind. He was deaf and his right leg was crippled. He was unable to commit crime. He was even unable of looking after himself in the prison. According to the instruction dated 19.11.1991 he was entitled to be considered for premature release. He had not committed any jail offence and had maintained good conduct throughout the period of detention. He has thus filed this petition under Section 482 of the Code of Criminal Procedure for his premature release.

(2.) IN the return filed by the respondent it was contended that the petitioner has undergone imprisonment for 9 years 6 months and 19 days including remission. He was aged 65 years at the time of his conviction. It was denied that he was blind or deaf and it was pleaded that he was not physically handicapped.

(3.) SINCE the respondent had denied that the petitioner was physically handicapped person, a direction was issued to the Superintendent, District Jail, Jind where the petitioner is confined, to get the petitioner medically examined from Chief Medical Officer, Jind to find out whether he was suffering from any handicap which rendered him totally incapable of committing any offence and also incapable of looking after himself in the prison.