1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 366 OF 2009 Sajid Sadique Shaikh .... PETITIONER V E R S U S The State of Maharashtra .... RESPONDENT Miss. Shobha Adkine, Counsel for Petitioner. Mr. B.I.Sonawane, A.P.P. for Respondent – State. [ CORAM : P.V.HARDAS & R.K.DESHPANDE, JJ. ] DATE : 14 th JULY, 2009 PER COURT : 1. A communication sent by the petitioner to the Jail came to be registered as Criminal Writ Petition and accordingly we had appointed Miss. Shobha Adkine as a counsel to represent petitioner in this petition before us. 2 2. By tis petition, under Article 226 of Constitution of India, the petitioner seeks the change for his placement from category 2-c to category 2-a. At this juncture, it will be useful to refer to clause 2-c which is annexure I, which is part of the Government Resolution. Category 2-c states that, “ Where the crime is committed with exceptional violence and or with brutality or death of victim due to burn and or murder with rape ”. Category 2-a speaks about “ Where the convict has no previous criminal history and has committed the murder in an individual capacity in a moment of anger and without premeditation ”. 3. It appears that the accused came to be convicted and sentenced for the offence punishable under Section 302 of Indian Penal Code on the allegations that he had committed murder of a 4 years old boy named Sandeep on 6/10/1994 in the afternoon on the terrace of a hospital by stuffing the mouth of tender boy with his underwear. Certain other external injuries have also been noticed. The Medical Officer had opined that death was due to asphyxia due to suffocation i.e. gagging with evidence of cloth (nicker) in the mouth of the deceased. It appears from the perusal of the Judgment of the trial Court that the accused had decided to do away with Sandeep as Sandeep used to tease the accused as squint. The accused had accordingly enticed deceased Sandeep on the terrace of 3 the hospital on the pretext or showing him aeroplane and had thereafter committed this brutal crime. 4. Learned counsel appointed for the petitioner has urged before us that the fact situation in the present case does not warrant the placement of the petitioner in category 2-c and the petitioner ought to be placed in category 2-a. According to us, the said submission is completely misconceived. The accused/petitioner had committed said crime with premeditation and it had not been committed in the heat of anger. The crime has been committed with extreme brutality as the 4 years old tender boy had been murdered by the accused by gagging him with underwear. 5. Thus, taking into consideration the over all factual matrix, according to us, the placement of petitioner in category 2-c can not be faulted with. Accordingly, we dismiss this Writ Petition with no order as to costs. We, however, quantify fees payable to the learned counsel appointed on behalf of petitioner at Rs. 1,500/- (Rupees One Thousand Five Hundred only). [ R.K.DESHPANDE ] [ P.V. HARDAS ] JUDGE JUDGE knp/CRIWP366.09 4 5 6 7 8 9 10 11 12 13