USMAN KHAN Vs. STATE OF PUNJAB AND ANR.
LAWS(P&H)-2011-3-868
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 17,2011

USMAN KHAN Appellant
VERSUS
State of Punjab and Anr. Respondents

JUDGEMENT

Nawab Singh, J. - (1.) USMAN Khan - Petitioner was convicted under Sections 302 and 376 of the Indian Penal Code by Sessions Judge, Ludhiana vide judgment dated April 1st, 2002 in case bearing First Information Report No. 36 dated April 27th, 1998, Police Station - Division No. 8, Ludhiana and sentenced to undergo imprisonment for life. He is confined in Borstal Jail, Ludhiana.
(2.) THE Petitioner's case for premature release was dismissed by the State Government on the ground that District Magistrate, Ludhiana, reported as under: This convict wants his premature release, but this convict has no permanent address that's why there is danger to law and order. Petitioner belongs to District Gaunda (Uttar Pradesh). District Magistrate, Gaunda did not recommend the case of the Petitioner for premature release on the following ground that: The convict has raped the baby and thereafter killed her by putting her on fire with kerosene oil which is a heinous crime. If the convict is prematurely released, wrong message will be sent to the society.
(3.) BY filing the present petition, the Petitioner has urged that the ground on which his case was rejected is not cogent. Reliance has been placed upon (i). Bhagwant Saran and Ors. v. Stat of U.P. and Ors., 1983 (1) C.L.R. 504 and (ii). Life Convict Laxman Naskar v. State of West Bengal, 2000(4) R.C.R. 18.;


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