1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.905 OF 2010 Ramesh s/o Santu Patil .. Petitioner Versus The State of Maharashtra and ors. .. Respondents Mr S.S.Londhe, Advocate (appointed) for the petitioner Mrs. R.K.Ladda, A.P.P. for respondents CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 6th January 2011 PER COURT 1. A communication sent by the petitioner through jail has been registered as Criminal Writ Petition and we had accordingly appointed Advocate Mr S.S.Londhe, learned Counsel to represent the petitioner in this petition before us. 2. It appears that by order dated 24.8.2010 this Criminal Writ Petition came to be transferred from the principal seat of the High Court at Bombay and was accordingly listed before us for admission. 3. By this petition under Article 226 of the Constitution of India the petitioner assails the order passed by the respondent dated 29.6.2009 placing the petitioner in Category 3 (d) of the guidelines dated 11.5.1992. By virtue of Clause 3(d) of the said guidelines, a convict is sentenced to imprisonment for 26 years if the murder is committed with premeditation and with exceptional violence or perversity. 2 4. The learned Assistant Public Prosecutor has made available to us a copy of the judgment of the Ad hoc Sessions Judge, Kalyan dated 6.9.1999 rendered in Sessions Case No.1174 of 1996 convicting the present petitioner along with the other accused for offence punishable under Section 302 read with sec.149 of the Indian Penal Code as also the other provisions of the Indian Penal Code. Upon perusal of the copy of the judgment made available for our perusal, it appears that deceased Babu Patil had sustained 18 injuries, out of which 17 were incise injuries. The trial Court has held that the offence was an offence committed by the petitioner and the other accused with premeditation and the aforesaid finding is based upon the facts of the aforesaid case. It appears that the deceased, who was travelling in a jeep accompanied by his wife and daughter was obstructed by a bullock-cart and thereafter chilly powder was thrown in his eyes and he was stabbed by present accused. Thereafter the other accused stabbed the deceased also, resulting in 17 stab injuries. 5. In the light of the aforesaid findings recorded by the trial Court and in the light of the injuries sustained by the deceased, according to us placing the petitioner in category 3(d) of the aforesaid recommendations of the year 1992 cannot be faulted with. 6. We thus see no merit in the present petition and the present petition is, therefore, dismissed. We, however, quantify the fees payable to the learned Counsel appointed on behalf of the petitioner at Rs.1,500/- (Rs.One thousand five hundred). ( A.V. POTDAR, J. ) ( P.V. HARDAS, J.) (vvr/905.2010criwp) 3