Criminal Writ Petition challenging the State's decision to classify the Petitioner, a life convicte屠er who murdered his wife with kerosene, under category 2(C) of a Government Regulation. The High Court declined to interfere.
Petitioner to pay fees to the learned counsel appointed.
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.
cwp481.13
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO.481 OF 2013
Govind s/o Gourya Patil,
Age-Major, Occu:Nil,
R/o-At present Open Prison,
Paithan, Dist-Aurangabad.
...PETITIONER
VERSUS
The State of Maharashtra
and others.
...RESPONDENTS
...
Ms. Anuradha Mantri Advocate appointed
for the Petitioner.
Smt. A.V. Gondhalekar, A.P.P. for Respondents.
...
CORAM: NARESH H. PATIL AND
A.I.S. CHEEMA, JJ
DATE : 9TH JULY, 2013
PER COURT :
1. Heard.
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2.The Petitioner challenges the decision of
the State, dated 18th December 2012, in placing
the Petitioner in category 2(C) of the Government
Resolution dated 15th March, 2010. The Petitioner
was convicted and sentenced for life for
committing murder of his wife by pouring kerosene
on her person and setting her on fire.
3.We have perused the Judgment and order of
the trial Court delivered in Sessions Case No.101
of 1999. The dying declaration of deceased Ranjana
was recorded by the Special Executive Officer. The
defence of the accused that Ranjana received
accidental burns, was rejected by the trial Court.
The trial Court in Para 7 of the Judgment,
observed that, it was suggested by the defence in
the cross-examination of the prosecution witnesses
that Ranjana received accidental burn but the
accused has not stated anything in his statement
under Section 313 of the Code of Criminal
Procedure. Ranjana was alive for three days after
cwp481.13
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she was admitted in the hospital. She had given
details as to how the incident took place.
4.Considering the facts of the case and the
manner of the brutality shown by the Applicant
against his wife in pouring kerosene on her person
and setting her on fire, we are not inclined to
interfere in the decision of the State. The Writ
Petition stands dismissed.
5.The Secretary, High Court Legal Services
Sub Committee, Aurangabad to make payment of fees
to the learned counsel, appointed.
[A.I.S. CHEEMA,J.] [NARESH H. PATIL,J.]
asb/JUL13
2 issues framed by the court
Whether the High Court should interfere with the State's decision to place the petitioner in category 2(C) of the Government Resolution of March 15, 2010, given his conviction for murder.
Whether the brutality shown by the petitioner in committing murder justifies the State's classification decision.
Govind s/o Gourya Patil
The State of Maharashtra
NARESH H. PATIL
A.I.S. CHEEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court