HARJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is Criminal Misc. No. 5307-M of 1999 filed under Section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India, whereby Harjit Kaur-petitioner herein has claimed direction to the respondents to release her prematurely in view of the instructions dated 15.8.1998 Annexure P-1 of the Govt. She has prayed that the order Annexure P-2 refusing her release prematurely be quashed being discriminatory, arbitrary and illegal. Facts :

(2.) PETITIONER , her husband, two sons and three daughters were arrested in case FIR No. 2 dated 6.5.1992 registered under Sections 302/307/498-A/148/149 of the Indian Penal Code at Police Station, Payal. After the trial, she, her husband and her two sons were convicted and sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code. She has undergone 6 years, 5 months and 15 days actual sentence including under-trial period. She has earned remissions to the tune of 5 years and 3 months. She has thus undergone 11 years 8 months and 15 days total sentence. In view of the instructions dated 15.8.1998 - Annexure P-1 issued by the Governor, in exercise of powers conferred by Section 432 of the Code of Criminal Procedure and Article 161 of the Constitution of India, she is entitled to be released as she has undergone more than 6 years of actual sentence and with remissions more than 10 years. She was convicted not for "dowry death" but for murder. The decision of the Govt. vide Annexure P-2 is that she is not entitled to premature release because it was dowry death. Petitioner was not convicted of "dowry death". She was convicted of murder simplicitor.

(3.) I have heard the learned Counsel for the petitioner, learned AAG for the State of Punjab and have gone through the record.