1312wp663.10.odt 1/4 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO. 663 OF 2010 (Abdul Sayeem A. Bashir Vs. The State of Maharashtra & another) ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Petition by post Mrs. Sangita Gaikee, APP for the respondents. CORAM : A. H. JOSHI & A. R. JOSHI, JJ. DATED : 13 DECEMBER, 2010. 1. Heard Mrs. Gaikee, learned Additional Public Prosecutor for the respondents. 2. As per the order dated 27/4/2010 passed by the State Government, the case of the petitioner is treated under category 3(b), for which the petitioner has to undergo life imprisonment for the period of 24 years. The petitioner claims that he should have been categorized in category 3(a) and should have been directed to undergo the sentence for 22 years. 3. The contention of the petitioner to claim entitlement for categorization in category 3(a) is that he had suffered injury, which was 1312wp663.10.odt 2/4 the cause of his retaliating assault and there was no voluntary attack or premeditation. 4. Copy of the judgment leading to conviction and sentence is on record. We have read it. We have called upon the learned APP as well to demonstrate the manner in which the right categorization has to be done. The learned APP has brought to our notice the relevant portion from para 19 of the trial Court s judgment. Relevant portion is quoted below for ready reference :- ...The nature and the gravity of the injuries inflicted and dealt by Shahim and Rahman is apparent from the evidence of Medical Officer Dr. Deshmukh. The nature of the injuries recorded in the post mortem notes clearly go to show that they were penetrating, deep up to the cavity level and as per the Medical Officer, injuries to the internal organs could also be seen. It is further obvious from the evidence of the Medical Officer that the injuries he found were sufficient in the ordinary course of nature to cause the death as vital internal organs like the left lung and the liver were punctured which corresponded with the injury found in the infra-auxiliary region. The extent of damaged thus is eloquent and appears 1312wp663.10.odt 3/4 to be so grave that the death occured within a few hours after the sufferance of these injuries. All these facts taken together go a long way to show that the accused Abdul Shahim and Abdul Rahman and the requisite intention and had shared the same to cause the death and commit murder to Abdul Kalam. 5. The petitioner wants that this Court should consider injury suffered by him to be an extenuating circumstance which aspect was also considered by the learned Sessions Judge in paragraph 12. 6. We are satisfied that it is not the case where merely on account of injury suffered by the accused he should be said to have acted in self defence and the injury caused by the accused could at most be excess of self defence. The evidence on record as appreciated by learned Sessions Court proves due intention and premeditation on the part of the petitioner. We therefore hold that injuries on the person of petitioner do not bring him out of the blame. 7. In the result, the categorization done by the State does not call for any interference. The petition is rejected. 1312wp663.10.odt 4/4 8. Copy of this order be sent to the Superintendent, Open Jail, Morshi, who shall cause the interpretation of contents thereof to the petitioner. 9. Steno-copy be supplied to APP for communication. JUDGE JUDGE wwl