1 Criminal Writ Petition No.1120 of 2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1120 OF 2010 Sartu Honya Gawit PETITIONER VERSUS The State of Maharashtra and others RESPONDENTS Mrs.Bharati Gunjal, learned counsel for the petitioner (Appointed) Mr.B.V.Wagh, learned A.P.P. for respondent State. (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 11/01/2011 PER COURT : 1. This is a petition filed by the petitioner who challenges the order issued by the respondents, placing the petitioner in Category 3(d) of the guidelines framed by the Government. 2. According to the petitioner, the petitioner has been wrongly placed in category 3(d) instead of category 2(b). Category 2(b) of the guidelines states that a convict would be required to undergo 24 years of imprisonment, if the crime is committed with pre-meditation or by a gang. The petitioner has further urged before us that the petitioner has one daughter, who is handicapped as well as the fact 2 Criminal Writ Petition No.1120 of 2010 that the petitioner has undergone imprisonment of 14 years and if the petitioner is placed in category 2(b), the petitioner would be released after undergoing imprisonment of 24 years instead of 26 years, which the petitioner would require to undergo, if his categorization is upheld by this Court. 3. We have perused the judgment of the Trial Court convicting the petitioner for the offence punishable u/s. 302 r/w. 34 of, u/s. 307 r/w. 34 and other offences like 504, 506 r/w. 34 of The IPC. The petitioner and other accused are alleged to have gone to the house of deceased lady armed with weapons. The petitioner and other accused are alleged to have brutally killed the lady and her two sons, who have attempted to save their mother. The petitioner alongwith other accused had also attempted to commit the murder of one Mongya, who was examined as P.W.No.10 in the session trial. The offence was committed by the petitioner and other accused under some superstition. 4. With the assistance of the learned counsel for the parties, we have perused the judgment of the Trial Court convicting the petitioner and the other accused and upon such perusal, we find that the offence has been committed by the petitioner and other accused with pre-meditation and with exceptional violence. In such circumstances, we can not fault the respondents for placing the petitioner in category 3(d). There being no merit in the present 3 Criminal Writ Petition No.1120 of 2010 petition, the present petition therefore is summarily dismissed with no order as to costs. However, we quantify the fees payable to Mrs.Gunjal, learned counsel appointed on behalf of the petitioner at Rs.1500/-. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/JAN. 2011/cri.w.p.1120-10