1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.506 OF 2011 (Dharmendra Devidas Awale vs. The State of Maharashtra and another) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri N.S. Bhat, Advocate for the petitioner. Ms. N.R. Tripati, Additional Public Prosecutor for the respondents. ------ CORAM : P.V. HARDAS AND S.B. DESHMUKH, JJ. DATED : OCTOBER 18, 2011 This petition questions the placement of the petitioner in category 4(e) of the 2010 guidelines. The petitioner stands convicted for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code. Clause 4(e) of the 2010 guidelines provides for imprisonment upto 26 years, if the murder is committed with exceptional violence/ brutality/kidnapping or where the murder is 2 committed by dacoits and robbers in the act of commencing dacoities and robberies. Clause 4(e) would also be applicable if the murder is committed by bootleggers, gamblers, flesh traders, etc. Shri Bhat, learned Counsel for the petitioner, has made available copy of the judgment of the trial Court whereby the petitioner, who was one of the accused in the trial, came to be convicted. The facts reveal that about 20 stab injuries had been given to the deceased and the deceased thereafter succumbed to his injuries. Giving of 20 stab injuries to the deceased would obviously indicate that the murder had been committed with exceptional violence. The placement of the petitioner in category 4(e) of the 2010 guidelines, therefore, cannot be faulted with. Ms. Tripati, learned Additional Public Prosecutor has filed affidavit-in-reply on behalf of the respondents and in the affidavit-in-reply filed on behalf of respondents, it is urged before us that the offence was committed by the petitioner with exceptional violence as 20 stab injuries had been given to the deceased. It is also urged in the 3 affidavit-in-reply that the murder was a pre-planned murder, which had been executed with exceptional violence. We have examined the judgment of the trial Court and upon such examination, we do not find any error in placing the petitioner in category 4(e) of the 2010 guidelines. This criminal writ petition, therefore, being without any merit is dismissed summarily with no order as to costs. JUDGE JUDGE khj