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2000 Supreme(P&H) 502

T.H.B.CHALAPATHI
Nihal Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

1. The petitioner in Criminal Misc. No. 11136-M of 1999 is an under trial prisoner facing trial under Section 302 IPC whereas the petitioner in Criminal Misc. No. 32919-M of 1999 has been sentenced to life imprisonment for the offence under Section 302 IPC by the Court Martial on 4th September, 1989 and the petitioner in Criminal Misc. No. 30288-M of 1999 is a life convict for the offence under Section 302 read with Section 34 IPC.

2. The petitioners are seeking that they should be classified as B Class prisoners in view of their social status, education and their superior mode of living to which they have been accustomed to, in accordance with Paragraph 567-A of the Punjab Jail Manual. Since the constitutionality of the said provision is involved in these petitions, they are disposed of by this common judgment.

3. Paragraph 576-A of the Punjab Jail Manual reads as follows :-

576-A(1) Convicted persons shall be divided into three classes, namely A, B and C.Class A will contain all prisoners who are : (a) non-habitual prisoners of good character. (b) by social status, education and habit of life been accustomed to a superior mode of living, and (c) have not been convicted of
















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