- (1.) Leave granted.
(2.) This appeal is directed against judgment dated November 17, 2008 rendered by the Division Bench of High Court of Judicature at Jabalpur (Madhya Pradesh) by which Criminal Appeal No. 2119 of 2008, filed by the respondent No. 2 against his conviction recorded under section 302 read with section 34, Indian Penal Code and section 201 read with section 34, Indian Penal Code and imposition of sentence of R.I. for life and fine of Rs. 500/- in default R.I. for four months for commission of offence under section 302 read with section 34, Indian Penal Code as well as R.I. for seven years and fine of Rs. 500/- in default R.I. for four months for commission of offence punishable under section 201 read with section 34, Indian Penal Code, by the learned First Additional Sessions Judge, Damoh vide judgment dated August 30, 2008 in Sessions Trial No. 219 of 2005, is allowed and certain adverse remarks have been made against the appellant, who is a Judicial Officer.
(3.) The brief facts leading to filing of the present appeal may be noted. On August 28, 2005, an FIR was lodged at Police Station, Nohta, District Damoh, Madhya Pradesh against the respondent No. 2 by first informant Achhe Lal Ahirwar alleging that respondent No. 2 and others had committed an offence punishable under section 302, Indian Penal Code read with section 34 and section 201, Indian Penal Code read with section 34 for murdering one Reenu Ahirwar. After usual investigation, charge sheet was laid before the competent Court and case was committed for trial to the Court presided over by the present appellant. It may be mentioned that several witnesses were examined by the prosecution and documents were also produced in support of its case against respondent No. 2 and others. On appreciation of evidence adduced by the prosecution, the appellant concluded that it was proved by the prosecution beyond pale of doubt that deceased Reenu Ahirwar had died a homicidal death. The appellant further concluded that the respondent No. 2 herein was responsible for causing murder of the deceased and no case was made out by the prosecution against the other accused. In view of the above conclusions, the appellant by judgment dated August 30, 2008, rendered in Sessions Trial No. 219 of 2005, convicted the respondent No. 2 under section 302 read with section 34, Indian Penal Code and section 201 read with section 34, Indian Penal Code and sentenced him to undergo life imprisonment and pay fine of Rs. 500/- in default R.I. for four months for commission of offence under section 302 read with section 34, Indian Penal Code and R.I. of seven years and fine of Rs. 500/- in default R.I. for four months for commission of offence under section 201 read with section 34, Indian Penal Code.;