LAXMAN RAMCHANDRA KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present petition under Article 226 and 227 of the Constitution of India, sent through jail, the petitioner, convict lodged at Yeravada Central Prison, Pune, has prayed for quashing and setting aside the order dated 22nd July, 2011 passed by the respondent in respect of premature release and further directing the respondent for reconsidering his case for premature release. The Additional Sessions Judge for Greater Bombay vide his judgment and order delivered on 19.3.1999 in Sessions Case No. 1420 of 1995 has convicted the petitioner for commission of offences under section 302 and 337 of the Indian Penal Code and has sentenced him to suffer imprisonment for life for the offence under section 302 of IPC but has not awarded separate sentence for commission of offence under section 337 of IPC.

(2.) At the said trial the petitioner was tried for committing murder of his wife Smt. Shantabai and for causing burn injuries to his minor sons aged about eight years and two years. Learned counsel for the petitioner urged that the petitioner is in custody since his arrest effected on 7th September, 1995 in connection with the said crime and thus by September 2010 he has completed the statutory period of actual imprisonment as provided under section 433A of the Code of Criminal Procedure. The petitioner sought an order of remission from the respondent in accordance with Short Sentencing Policy which was in force at the time when the offence was committed i. e. as per the guidelines issued by respondent in the year 1992.

(3.) Learned counsel urged that the said category 1 (d) is meant for the person who had committed murder with premediation and hence commission of murder with premediation is required to be established before placing the accused in category 1 (d). He further urged that perusal of the judgment passed by the trial Court does not reveal any such finding given by the trial Court and hence placing the petitioner in said category 1(d) is without any basis or without there existing material warranting to place him in such a category.