D K SHRIVASTAVA Vs. STATE OF MP

JUDGEMENT

(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.