High CourtsDivision Bench(2020) 02 BOM CK 0104

Amit vs State Of Maharashtra And Ors

Bombay High Court · Decided on 28 February 2020

HON’BLE JUDGES
Sunil B. Shukre, J · Madhav J. Jamdar, J
RESULT
Partly Allowed
CASE NUMBER
Criminal Writ Petition No. 131 Of 2019

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Judgment

23 paragraphs · 265 words

,,CATEGORISATION OF CRIME,"PERIOD OF IMPRISONMENT TO BE UNDERGONE INCLUDING REMISSION SUBJECT TO

A MINIMUM OF 14 YEARS OF ACTUAL IMRISONMENT INCLUDING SET OFF PERIOD.

,,1,2

7,,"DEATH SENTENCE COMMUTTED

TO LIFE IMPRISONMENT",

,a),"Prisoners in whose cases death sentence has been commuted to life imprisonment",30 years ,,Categorization of crime,"Period of imprisonment to be undergone including remission subject to a minimum of 14 years of actual imprisonment including set off period.

,,1,2

1,,"MURDERS RELATING TO SEXUAL MATTERS OR ARISING OUT OF

RELATIONS WITH WOMEN, DOWRY DEATHS AND OTHER FORM OF

BRIDE KILLING ETC.",

,a),"Where the convict is the aggrieved person and has no previsous criminal history and committed the murder in an individual capacity in a moment of anger and without premeditation.",22 years

,b),"Where the crime as above is committed by the aggrieved person with premeditation.",24 years

,c),Where the Crime is committed against the aggrieved person without premeditation.,24 years

,d),Where the crime is committed against the aggrieved person with premeditation.,26 years

,e),Where the crime is committed with exceptional violance or with perversity.,28 years

Category no.","Sub category no.",Categorization of crime,"Period of imprisonment to be undergone including remission subject to a minimum of 14 years of actual imprisonment including set off period.

,,1,2

2,,"OFFENCES RELATING TO CRIME AGAINST WOMEN AND

MINORS.",

,(a),"Where the convict has no previous criminal history and committed the murder in an individual capacity in a moment of anger and without premeditation.",20 years

,(b),"Where the crime as mentioned above committed with premeditation.",22 years

,(c),"Where the crime is committed with exceptional violence and or with brutality or death of victim due to burns.",26 years

,(d),Murder with rape,28 years