The Court dismissed this petition seeking reconsideration of the petitioner's proposal for premature release.
The petition for direction to reconsider the proposal for premature release was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.2765 OF 2011
Israr Ahmed Fateh Mohammed Ansari V/s
The State of Maharashtra
.. Petitioner
.. Respondent
Mr.Mubin Solkar, Amicus Curiae for the petitioner. Mrs. S.D.Shinde, APP for the State.
CORAM: A.M.KHANWILKAR &
R.G.KETKAR, JJ.
DATE: 16th December, 2011.
P.C.:
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finding is manifestly wrong. It is not supported by the decision of the Sessions Court. The Sessions Court which has convicted the petitioner, however, has opined that the accused picked up quarrel at around 02.00 a.m.on the date of incident and started beating his wife. He submits that even though the Sessions Court has found that the petitioner was responsible for confining the deceased in a room and pouring kerosene on her as also setting her on fire, however, all this had happened on the spur of moment and it is not a case of premeditation at all.
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the conclusion reached by the authorities that the petitioner’s case is covered by clause 1(d) of Guidelines of 1992, i.e. committing offence with premeditation.
(R.G.KETKAR, J.)
(A.M.KHANWILKAR, J.)
2 issues framed by the court
Whether the authorities were correct in holding that the petitioner's case falls under Category 1(d) of the 1992 Guidelines, requiring a 26-year sentence due to premeditation, given the Sessions Court
Whether the unreported Division Bench decision in Prakash Vitthal Karat is applicable to distinguish the facts of the present case regarding premeditation.
Colour shows how this judgement treated each authority
Prakash Vitthal Karat V/s. StateDistinguished¶21
Prakash Vitthal Karat V/s.State, Criminal Appeal No.697 of 2006
Israr Ahmed Fateh Mohammed Ansari
The State of Maharashtra
A.M. Khanwilkar
R.G. Ketkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
