- (1.) IN this petition, the petitioner, who is undergoing sentence of life imprisonment in FIR No.84 dated 22.06.1993 registered at Police Station Bawal District Rewari for offence punishable under Sections 302 read with Section 34 of Indian Penal Code (for short 'IPC'), has sought his pre -mature release on the expiry of 10 years of actual sentence and 14 years of sentence including remissions and has challenged the clause inserted vide Government Circular dated 17th July 1997 in the Premature Release of Life Convicts Policy, whereby the case of a person, convicted for murder of a woman, shall be considered after completion of 14 years of actual sentence including under -trial period and after earning at least six years remissions.
(2.) THE petitioner faced trial for the murder of Smt. Sarti Devi and was convicted and sentenced to undergo life imprisonment along with other accused viz Om Parkash and Babu Lal (non -petitioners). In appeal, the sentences of Om Parkash and Babu Lal were converted into sentences for the offences punishable under Sections 325 and 323 of IPC. However, the sentence of imprisonment for life, awarded to the petitioner, was maintained.
(3.) I have heard learned counsel for the petitioner, learned State counsel and have perused the paper book with their active assistance. Learned counsel for the petitioner has argued that the classification of convicts for the purpose of their premature release on the ground of murder of a man or a woman is violative of Article 14 and 19 of the Constitution. No such distinction can be made on the basis of sex of the victim. He has referred to the provisions of paragraphs 516 -B of the Punjab Jail Manual, which provides that a convict, who has undergone period of detention in jail for a period of 14 years including remissions, shall be considered for his premature release by the State Government. The above provision makes no distinction of conviction for murder of a man or a woman, boy or girl, as such, the incorporation of distinction in the State Policy approved by the State Level Committee vide Circular dated 17th July 1997 Annexure P -5 is not sustainable. The petitioner was accused of murder of Smt. Sarti Devi, an old lady, vide judgment dated 24.05.1999. He has completed ten years of actual imprisonment and as per the Government Policy prevailing before the Circular dated 17th July, 1997 was circulated, his case is to be considered for his premature release.;