JUDGMENT

Pattanaik, J.-The order of the Governor dated 25-1-1999, granting pardon remitting the un-expired portion of the sentence passed on prisoner Shri Siriyans Kumar Jain S/o Shri Ram Chand Jain in exercise of power conferred by Article 161 of the Constitution of India read with Section 132 of the Code of Criminal Procedure is being assailed, inter alia on the ground that the power has been exercised without application of mind, and that the said power has been exercised by the Governor on extraneous consideration and even without the aid and advice of the Government, namely, the concerned Minister. The applicants are the brother and widow of the deceased Krishan Kumar who was murdered during the election held in the year 1987 for the post of President of Municipal Committee, Hansi. The prosecution had alleged that a gruesome crime was committed by the accused persons and the entire family of the deceased suffered the agony and pain. In the criminal trial the respondent- Siriyans Kumar Jain alongwith four other accused persons belonging to the Bhartiya Janta Party were tried for having committed offence under Sections 302 read with 149 and 120B as well as under Sections 392, 1