RAVIKIRAN HANUMANT SHELKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. The challenge in this petition is to the order dtd. 4/2/2022, placing the petitioner in Category 2(c) of the guidelines for grant of remission dtd. 15/3/2010. Clause 2(c) of the guidelines dtd. 15/3/2010, which correspond with Category 1(e) of the guidelines dated 11/5/11992, comparison between these two guidelines, the later one is favourable to the petitioner and, therefore, the same was applied.

(2.) Category 2(C) of the guidelines dtd. 15/3/2010 reads thus : <IMG>JUDGEMENT_404_LAWS(BOM)6_2023_1.jpg</IMG>

(3.) The petitioner committed murder of his wife. The learned A.P.P. relies on the judgment of this Court in Criminal Appeal No.215/1999, whereby the conviction of the appellant for the offence punishable under Sec. 302 of the Indian Penal Code has been confirmed. The learned A.P.P. took us through para 14 of the judgment in the appeal to submit the petitioner to have committed a murder of his wife with exceptional violence and/ or with brutality. The learned A.P.P. would further submit that, there is an eye witness account, suggesting the petitioner to have kicked in the back of the deceased, held her hair and dragged her to the house. The same indicates how violent the petitioner was. Relying on the extract from Modi's Medical Jurisprudence, he would submit that, a simple kick would not be sufficient to cause rupture of a spleen. According to him, the petitioner might have given forceful kicks, as a result of which his wife died. According to learned A.P.P., the respondent/ State has, therefore, rightly placed the petitioner in Category 2(c) of the guidelines. He, therefore, urged for dismissal of the writ petition.