AVTAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 27-12-1982 passed by the Sessions Judge, Sessions Division, Mandla in Sessions Trial Nos.61/80 & 62/80, whereby & whereunder learned Sessions Judge after holding the appellant guilty for commission of offence S.uder Sections 302 read with Section 34, 307 read with Section 34 of the I.P.C. & 28 of the Arms Act, sentenced him to undergo imprisonment for life, R.I. for five years & R.I. for two years, respectively. However, the Sessions Judge has acquitted the appellant herein of the charge under Section 302 of the I.P.C. and the remaining fifteen accused persons of the charge under Sections 120B, 307 read with Section 34, 302 read with Section 111 & 302 read with Section 34 of the I.P.C.

(2.) Judgment is impugned on the ground that without any iota of evidence to connect the appellant with the crime in question viz., presence of the appellant armed with rifle at the time of incident, recovery of rifle and by making a new case for prosecution, the Sessions Judge has committed illegality by convicting & sentencing the appellant in the aforesaid manner.

(3.) The offence has been committed within the territorial jurisdiction of Sessions Division, Durg, but both the Sessions Trials have been transferred to Mandla by the order of the High Court of Madhya Pradesh at Jabalpur and subsequently, after reorganization of the new State of Chhattisgarh, the present appeal has been received on transfer from the High Court of Madhya Pradesh at Jabalpur.