Vijay Kisan Waghmare vs. The State Of Maharashtra

Order - Status 4: Chitra Sonawane IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2155 OF 2023 Vijay Kisan Waghmare ] Petitioner. Vs. State of Maharashtra & Ors. ] Respondents. Ms Sahana Manjesh for the petitioner. Ms MH Mhatre,APP for State. CORAM: Nitin W. Sambre & R.N.Laddha, JJ. DATE : 5th July, 2023. Learned APP seeks time so as to enable him to place on record categorization of the petitioner, who is already convicted for an offence punishable under Sections 302 and 307 of the IPC, and is ordered to undergo life imprisonment. .... Stand over to 18 th August , 2023 . [R.N.Laddha, J.] [Nitin W. Sambre, J.] Page No. 1 of 1 5 July 2023.

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2155 OF 2023 Vijay Kisan Waghmare ... Petitioner. Vs. The State of Maharashtra & Ors. ... Respondents. ……. Ms Sahana Manjesh for the Petitioner. Ms MH Mhatre, APP for State. .…... CORAM: Nitin W. Sambre & R.N.Laddha, JJ. DATE : 18 August, 2023. .... P.C.: Leave to amend. Amendment be carried out within 4 weeks. Stand over to 3 rd October, 2023. [R.N.Laddha, J.] [Nitin W.Sambre, J.] 18 Aug 2023.

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2155 OF 2023 Vijay Kisan Waghmare …..Petitioner Vs. The State Of Maharashtra & Ors. …..Respondents None for the Petitioner. Mrs. M.H. Mhatre APP, for the Respondent-State. CORAM : A. S. GADKARI AND SHARMILA U. DESHMUKH, JJ. DATE : 3rd OCTOBER, 2023. P.C.:- Learned APP on instructions submitted that, by an Order dated 17th August, 2023 passed by the Competent Authority, the Petitioner has been placed in category 4(b) of 2010 Guidelines. As none appears for the Petitioner, stand over to 25th October, 2023. (SHARMILA U. DESHMUKH, J.) (A.S. GADKARI, J.)

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2155 OF 2023 Vijay Kisan Waghmare .. Petitioner Vs. State of Maharashtra & Ors. .. Respondents Ms. Sahana Manjesh, for the Petitioner. Mr. H. J. Dedhia, APP for the Respondent-State. CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ. DATE : 25th OCTOBER, 2023. P. C.:- Learned APP seeks time to file reply of Respondent No. 2 to the Petition. At his request, stand over to 14th December, 2023. (SHYAM C. CHANDAK J.) (A. S. GADKARI, J.)

Order - Status 14: MANDIRA MILIND SALGAONKAR IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2155 OF 2023 … ... Vijay Kisan Waghmare .. Petitioner Versus The State of Maharashtra & Ors. .. Respondents Ms.Sahana Manjesh for the Petitioner. Mr.J.P.Yagnik, A.P.P. for the State/Respondent. CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ. DATED : 30 th JULY, 2024 P.C:- The Petitioner, a convict, undergoing life imprisonment on being convicted by the Additional Sessions Judge, Omerga, District Osmanabad, for committing the offences punishable under Sections 302 and 307 of IPC, has been categorised by the State Government under 4(b) of the 2010 guidelines. The counsel for the Petitioner raised a grievance about incorrect categorization, as according to her, the offence committed by the Petitioner would be entitled to be categorised in a category, where murder is committed without premeditation in an individual capacity i.e. 4(a) of the guidelines of premature release of prisoners serving life sentence dated 15/03/2010. At this juncture, we must take a note that category 4(b) reads to the following effect :- "4(b) Murder committed with premeditation or a person having criminal history". Category 4(a) has prescribed the period of imprisonment to be undergone as 20 years, whereas category 4(b) prescribe the punishment to be undergone as 22 years. The learned counsel for the Petitioner has placed reliance upon the decision of this Court in the case of Prayagbai wd/o Sakharam Kamble Vs. State of Maharashtra & Anr. 1 , but on perusal of the said decision, the fact itself would reveal the background in which the incident had occurred, when some altercation took place between Shobha, Sarubai-her mother-in-law and Prayagbai, sisterin-law and this prompted the petitioner Prayagbai to pour kerosene on Shobha and Sarubai setting her on fire. On alarm being raised by Shobha, neighbours came to her rescue. This offence was categorised as without premeditation and we have no difficulty, as regards the conclusion that has been reached by the Division Bench. However, we must take into account the facts of the present case and from perusal of the judgment by the Sessions Court, which is upheld by the High Court, the case of the prosecution is to the effect that Nandabai Waghmare alongwith her deceased brother was sleeping on a cot and at around 12 midnight, the accused reached there and he gave blows with koyta to her brother Sudam on his forehead, above right eye and also to her and injured both of them. Sudam succumbed to the injuries on 26/01/2007 i.e. 7 days after the incident. We made serious attempt to appreciate the argument of the learned counsel, but we remain unpersuaded. The term 'premeditation' specifically indicate a crime planned 1 1999(3) Mh.L.J. 762 in advance and when we ascertained the facts of the case, it is evident from the prosecution case that the accused, who is brother of husband of Nandabai demanded Rs.80/- to her on 20/01/2007, which she paid and after taking meals, they went to sleep. In the mid-night, the accused reached there being armed with koyta and mounted the assault. The prosecution witnesses deposed to that effect and PW 10, who examined Sudam, had noticed two injuries on him. He was, thereafter, referred to Civil Hospital, Solapur for further treatment and the postmortem report refers to heamatoma present under scalp in right frontal and temporo parital region, multiple fracture of interior and middle cranial forsa on right side. It also record presence of subdural haematoma along the tentorium cerebelli and posterior falx. In the wake of the above, we are not satisfied with the submission advanced on behalf of the Petitioner, that he ought to have been categorised under 4(a) of the guidelines and, according to us, the State Government in the wake of the decision of the Additional Sessions Judge, which is upheld by this Court, that the crime was committed with premeditation, has rightly categorised him in category 4(b). Upholding the said order, the Writ Petition is dismissed. (MANJUSHA DESHPANDE,J.) (BHARATI DANGRE, J.) M.M.Salgaonkar