The Supreme Court has agreed to examine as to whether a convict, already doomed for a life sentence, can be subjected to "rigorous" tasks.
The Supreme Court has agreed to examine an interesting question of law as to whether a murder convict, already doomed for a life sentence, can be subjected to "rigorous" tasks in the prison while serving the sentence.
A bench of Justices Tarun Chatterjee and RM Lodha sought response from the Gujarat Government after Dilpsh Balchandra Panchal, a murder convict, submitted that he has been erroneously sentenced to "rigorous life imprisonment" by the Sessions Court, a sentence which was affirmed by the Gujarat High Court.
Senior counsel Pandit Parmanand Katara appearing for Panchal argued that instead of imposing a "rigorous imprisonment", those sentenced to life should be subjected only to "simple imprisonment."
The main thrust of Panchal argument through his counsel was that since a life convict is already doomed to remained in jail either for throughout his life or at least 14 years, subjecting him/her to "rigorous" work would only amount to putting him/her to further torture.
The distinction lies in the fact that under "rigorous imprisonment" a convict has to do hard work like digging earth, ploughing or cooking food for 500 co-prisoners.
Whereas, under "simple imprisonment", tasks like sewing, gardening or serving refreshments to co-prisoners are prescribed.
Under the IPC, "Section 302" is defined as "Whoever, commits murder shall be punished with death or imprisonment for life and shall also be liable to fine.
The convict has cited IPC Sections 194 (giving false evidence to secure capital punishment for a person), 195 (giving false evidence to procure punishment of another person in offence for which the minimum imprisonment is seven years), etc where it is clearly defined that there shall be "rigorous" imprisonment.
However, under Section 302 of IPC, Panchal claims, the statute nowhere defines the punishment to be "rigorous."
Hence he submitted that even courts cannot sentence a person to "rigorous" imprisonment unless the statute expressly provides for such a punishment.
Panchal was convicted and sentenced to life imprisonment for murdering one Indrasinh on August 16, 1999 in Gujarat's Kutch district.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}