The Supreme Court has ruled that a dowry death convict cannot be prematurely released by the Government in the name of granting remission (reduction) of the sentence.A bench of Justices C K Thakker and D K Jain said the power of remission available under Section 432 of the CrPC would not be available to the Government in the case of those convicted for dowry death.The apex court passed the ruling while directing a dowry death convict Jolly Singla to surrender and serve his remaining sentence.Singla and his mother Reshma Devi were convicted by a sessions court in Patiala, Punjab and sentenced to seven years imprisonment for the death of his wife Anju Devi.However, the State Government while granting remission to several persons prematurely released Singla.The matter came to light only when the family members of the deceased filed an appeal challenging the acquittal of certain other accused in the case.The Punjab government in an affidavit before the apex court admitted that an order was issued by it in exercise of power conferred by Section 432 of the Code of Criminal Procedure,1973 and Article 161 of the Constitution.Interpreting the provision, the apex court said, the clause expressly stated that the benefits referred in the code would not apply to certain case particularly Section 304 B (dowry death).“If it is so, in our opinion, the benefit could not be granted to Jolly Singla,” the bench observed directing him to surrender and serve the remaining period of his sentence.The apex court further said that if Reshma Devi was also released on remission, then she too should surrender and serve the remaining part of her sentence.
