DEVNATH MANSARAM NISHAD Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 3-4-1999 passed by the Second Additional Sessions Judge, Balodabazar in Sessions. Trial No. 138/98 convicting the present accused/appellant along with co-accused Kamlabai under Sec. 315 read with Sec. 34 of the Indian Penal Code, 1860 (in short 'the IPC) and Sec. 318 of Sec. 34 of the Penal Code and sentencing rigorous imprisonment for 7 years and rigorous imprisonment for 1 year to each accused.

(2.) Co-accused Kamlabai had preferred any appeal against the said judgment or not, to ensure this fact, this Court directed vide order dated 22-6-2009 directed Registry to verify whether there is appeal filed on behalf of Kamlabai or not. As per report of the enquiry/filing clerk of the Registry dated 20-7-2009, no any criminal appeal has been filed in the name of Kamlabai pertaining to Sessions Trial No. 138/98. With this, this fact is recorded that the co-accused Kamlabai had not preferred any appeal against her conviction.

(3.) Conviction is impugned on the ground that without there being any iota of evidence, the Court below convicted and sentenced the appellant as aforementioned and thereby committed illegality.