1 Cri. W.P. 975.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 975 OF 2009 Santosh S/o Shankarrao Pendhe Age : 36 years, Occu.: R/o : Rajegaon, Tq. Majalgaon, Dist. Beed (Convict No.3861, at Central Open Jail, Paithan) ... Petitioner V E R S U S The State of Maharashtra and ors. ... Respondents ... Mr. U.K. Patil, Advocate for the petitioner. Mr. K.G. Patil, A.P.P. for respondent-State. ... CORAM : P.V.HARDAS AND A.V.NIRGUDE, JJ. DATED : 25TH NOVEMBER, 2009 ORAL ORDER 1] The communication sent by the petitioner through jail was registered as the Criminal Writ Petition and accordingly we have appointed Advocate Shri U.K. Patil as a counsel to represent the petitioner in this Petition before us. 2 Cri. W.P. 975.2009 2] The learned counsel upon instructions has filed a comprehensive Petition in which the petitioner takes an exception to the orders passed by the respondent-Government placing him in category 1(d) instead of 1(a), as is contended by the petitioner. As per the guidelines for premature release of the prisoners sentenced to life imprisonment or to death penalty commuted to life imprisonment after 18.12.1978, a convict who commits a crime with pre-meditation, is liable to undergo imprisonment for 26 years including remission and a convict who does not commit a crime with pre-meditation in an individual capacity in a moment of anger undergoes a sentence of imprisonment for 22 years including remission. This is the precise contention of the petitioner. 3] As pointed out by us, the petitioner contends that he ought to have been placed in category 1(a) i.e. a crime committed without pre- meditation and in a moment of anger whereas the respondents have placed the petitioner in category 3 Cri. W.P. 975.2009 1(d) which is in respect of a crime committed with pre-meditation. Mr. U.K. Patil learned counsel for the petitioner has urged before us that the evidence against the petitioner/accused comprise of circumstantial nature. The prosecution, according to the learned counsel, has not been able to establish that the petitioner has committed the aforesaid offence with pre- meditation and therefore, the petitioner ought to be placed in category 1(a). As against the aforesaid statement, it is the contention of the learned A.P.P. that the petitioner has strangulated his wife and it was a custodial death. The petitioner has attempted to mislead the authorities by the post-mortem burn injuries caused to the deceased. In that light of the matter, the learned A.P.P. contends that it is a crime committed with pre-meditation. 4] The judgment of the trial Court has been made available for our perusal and upon perusal of the judgment of the trial Court, it appears that the petitioner was married to his wife deceased 4 Cri. W.P. 975.2009 Meera. The petitioner was ill-treating his wife on the ground that his wife was leading an unchaste life. It appears that there was evidence of extra judicial confession made by the petitioner/accused. The petitioner caused post mortem burn injuries in order to screen the death of the deceased Meera, which was by strangulation. The petitioner had committed the offence during night while deceased Meera was in his custody. It is not brought on record that the offence had been committed by the accused in a moment of anger or heat of passion. If that be the case, coupled with the fact that the petitioner had caused post mortem burn injuries case of crime committed with pre-meditation is certainly made out. In that light of the matter, therefore, there is no merit in the present Petition which deserves to be dismissed. Accordingly, the Writ Petition is summarily dismissed with no order as to costs. 5] We quantify the fees payable to the Advocate Shri U.K. Patil for the petitioner at Rs. 2000/- (Rs. Two Thousand). Shri. U.K. Patil 5 Cri. W.P. 975.2009 learned counsel appointed on behalf of the petitioner very graciously states that the fees received by him would be donated by him to the Aurangabad High Court Bar Association Library Fund. Sd/- Sd/- (A.V.NIRGUDE, J.) (P.V.HARDAS, J.) arp