SACHIN MANOHAR KAMBE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner/Convict, who has undergone 22 years and 1 month of actual imprisonment and over 28 years and 8 months of imprisonment, including remission, has filed the present Petition praying for quashing and setting aside the order dtd. 19/01/2024, passed by the State Government, thereby categorising him in clause 6(c) of the 2010 Guidelines and seeking a direction that instead, he deserve categorisation under clause 3(d) of the 1992 Guidelines, in regard to the punishment of life imprisonment imposed upon him on being found guilty of offence under Sec. 302 read with Sec. 34 and/or read with Sec. 120-B of IPC in MCOC Special Case No.13 of 2000.

(2.) We heard Dr.Yug Mohit Chaudhry for the Petitioner, who has invited our attention to the factual background in which the relief in the Petition is sought by the Petitioner. Ms.Kaushik, the learned A.P.P. represent the State.

(3.) By consent of the above counsel, we issue 'Rule' and have taken the Writ Petition for final hearing. On assimilating the facts, it has become evident to us that the Petitioner is convicted in two MCOC cases i.e. MCOC Spl.Case No.13 of 2000 and MCOC Spl.Case No.01 of 2010. In MCOC Spl.Case No.13 of 2000, he faced the trial as accused No.2 and by Judgment dated 30th/31/12/2002, he stood convicted alongwith the co-accused, for committing the offence punishable under Sec. 302 read with Sec. 34 of IPC and/or read with Sec. 120-B of IPC and is sentenced to suffer imprisonment for life and pay a fine of Rs.10,000.00. In addition, he also stand convicted under the Arms Act and is sentenced accordingly. The above judgment is upheld by the High Court on 25/01/2007 in Criminal Appeal No.216 of 2003, when the Court arrived at the conclusion that the Trial Court was justified in finding the Appellant guilty of committing the murder of Ziauddin, by using the firearm and finding no merit in the Appeal, the same was dismissed.