1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.559 OF 2010 Krishnanath Shripati Mali ..Petitioner Versus The State of Maharashtra and anr. ..Respondents Mrs.A.N.Ansari, Advocate for petitioner Mr.D.R.Kale, A.P.P. for respondents 1 and 2 CORAM : P.V.HARDAS AND A.V.POTDAR, JJ. DATE : 24th August 2010 PER COURT : 1. This is a petition under Article 226 of the Constitution of India by which the petitioner prays for placing the petitioner in category 1(c) of the guidelines of 11.5.1992 instead of category 1(d). According to the petitioner, the petitioner has been wrongly placed in category 1(d) which speaks about the punishment being prescribed for an offence committed with premeditation. According to the petitioner since the offence with which the petitioner has been charged and convicted is an offence committed by the petitioner without premeditation, he ought to have placed in category 1(c). 2. The petitioner is alleged to have committed murder of his wife Jayshree. The dead body of Jayshree was found in the house and the offence has been committed in the house. A grinding stone was used as a weapon for hitting on the head of Jayshree. The defence of the accused 2 was found to be a false defence by the trial Court and the petitioner, therefore, came to be convicted. The defence of the petitioner is not that the offence has been committed either in the hit or wrath or by the grave or sudden provocation provided by deceased Jayshree. According to us, the petitioner has been rightly placed in category 1(d). There being no merit in the petition, the petition is summarily dismissed with no order as to costs. ( A.V.POTDAR, J.) ( P.V.HARDAS, J.) (vvr/559.10criwp)