Criminal Misc. No. M-7529 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-7529 of 2011 (O&M) Date of decision: 19.05.2011. Naresh @ Sonu ..Petitioner Versus The State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. H.S. Jaswal, Advocate, for the petitioner. Mr. Satyavir Singh Yadav, D.A.G., Haryana, for the respondents – State. NAWAB SINGH, J. (ORAL) By judgment dated July 31st, 2002, the petitioner was convicted under Section 302 of Indian Penal Code and sentenced to undergo imprisonment for life. He is confined in District Jail, Kurukshetra. By filing this petition, petitioner seeks his premature release on completion of actual sentence of 10 years and 14 years including remissions. State has rejected his plea on the short ground that his case falls under paragraph 2(a)(x) of the Policy dated April 12th, 2002 regarding premature release of life convicts. On the other hand, petitioner claims that he is covered under paragraph 2(b) and not paragraph 2(a)(x) of the Policy. Paragraph 2(a) and 2(a)(x) of the Policy reads as under:- Criminal Misc. No. M-7529 of 2011 (O&M) 2 (a) Convicts who have been imprisoned for life having committed a heinous crime such as:- Their cases may be considered after completion of 14 years actual sentence including under trial period provided that the total period of such sentence including remission is not less than 20 years. (i) - (ix) xxx (x) “Murder exhibiting brutality such as cutting the body into piece of burning/dragging the body as evident from judgment of the Court.” A Division Bench of this Court while dismissing the appeal of the petitioner observed in its judgment dated February 8th, 2005 passed in Criminal Appeal No.647-DB of 2002 as under:- “As per the opinion of PW-6 Dr. yadav, the cause of death in this case was head injury which was sufficient to cause death in the ordinary course of nature. Not only this, after giving one blow with brick bat to deceased Simmi, when he became unconscious and fell on the ground, the appellant went to his nearby house and brought a bottle of acid and threw on Simmi to make it sure that deceased should not survive. Therefore, the learned trial Court after appreciating the evident on record has rightly convicted and sentenced the appellant.” Above observation of the Division Bench of this Court clearly demonstrates that the act committed by the petitioner was barbaric. He, firstly, caused an injury to the deceased with a brick-bat and when the deceased became unconscious, to make it Criminal Misc. No. M-7529 of 2011 (O&M) 3 sure that he might not survive, the petitioner brought a bottle of acid and threw on the deceased. In view of this, it is clear that case of the petitioner falls under paragraph 2(a)(x) of the Policy ibid. Hence, this petition being devoid of merit is hereby dismissed. (NAWAB SINGH) JUDGE 19.05.2011 neetu