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

39 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