SATYADEO MADHAVRAO JAMGADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard both sides. Categorization of the present petitioner for the purposes of grant of remission from his imprisonment, is challenged by him, in the present Writ Petition.

(2.) Petitioner Satyadeo was convicted on 27.3.2000 by the Additional Sessions Judge, Vardha for the offence punishable under section 302 r/w. 34 of the Indian Penal Code. He was sentenced to suffer imprisonment for life.

(3.) The Desk Officer of Home Department of the State of Maharashtra i.e. the respondent has passed order on 27.11.2012. He has taken into consideration the guidelines dated 11.5.1992 and 15.3.2010 for the purpose of deciding the issue of grant of remission from the sentence to the petitioner. The Desk Officer perused the judgment of the learned Sessions Judge and came to the conclusion that the offence of murder by the present petitioner was committed with premeditation, which comes under category 3(d) of the guidelines dated 11.5.1992 or category No. 4(e) of the guidelines dated 15.3.2010. In the circumstances, remission from imprisonment beyond the period of 26 years with necessary deduction was granted.