Case Note & Summary
The petitioner, Shri Vitthal Pundalik Zendge, was convicted by the Additional Sessions Judge, Greater Mumbai on 8th June 1999 for offences under Sections 144, 148, and 302 of the Indian Penal Code read with Section 149 thereof, and sentenced to life imprisonment. He had undergone about 23 years of sentence inclusive of remissions. The Government of Maharashtra issued a Government Resolution on 15th March 2010 laying down guidelines for premature release of life convicts under Section 432 of the Code of Criminal Procedure, 1973. The petitioner claimed that his case was covered by subclause (b) of clause 4 of Annexure-I to the Resolution, which applies to murder with premeditation, and that he should be considered for premature release after 22 years. The State contended that his case fell under subclause (e), which applies to murder committed with exceptional violence, and that co-accused had been classified under that subclause. The Court examined the judgment of conviction and noted that the classification must be based on the findings recorded therein. The Court observed that the State had not provided reasons for classifying the petitioner under subclause (e) and that the co-accused's acceptance of classification did not bind the petitioner. The Court directed the State to reconsider the petitioner's case by examining the judgment of conviction and passing a reasoned order within three months. The petition was disposed of accordingly.
Headnote
A) Criminal Law - Premature Release - Classification of Convicts - Government Resolution dated 15th March, 2010, Clause 4 of Annexure-I - The petitioner, convicted under Sections 144, 148, 302 IPC read with Section 149 IPC and sentenced to life imprisonment, sought premature release after 23 years. The dispute was whether his case fell under subclause (b) (murder with premeditation) or subclause (e) (murder with exceptional violence). The Court held that the classification must be based on the findings in the judgment of conviction, and directed the State to reconsider the petitioner's case after examining the judgment and providing reasons. (Paras 1-8)
Issue of Consideration
Whether the petitioner's case for premature release falls under subclause (b) or subclause (e) of clause 4 of Annexure-I to the Government Resolution dated 15th March, 2010.
Final Decision
The Court directed the State to reconsider the petitioner's case for premature release by examining the judgment of conviction and passing a reasoned order within three months from the date of the order. The petition was disposed of.
Law Points
- Premature release
- Government Resolution
- Section 432 CrPC
- Classification of convicts
- Murder with exceptional violence
