STATE OF MADHYA PRADESH Vs. SUSHIL SINGH

JUDGEMENT

(1.) This appeal by the State is directed against the acquittal of the respondent in Criminal Appeal No. 780f 1982 by Sessions Judge, Raigarh, Camp Jashpurnagar vide judgment dated 20-7-1982.

(2.) The charges against the respondent were for offence under Sections 170 and 419 of the Indian Penal Code. The date of the incident is said to be 20-9-1981. The Judicial Magistrate First Class, Jashpurnagar in Criminal Case No. 244 of 1982 acquitted the respondent of the charge under Section 419 of the Indian Penal Code but convicted him under Section 170 Indian Penal Code and sentenced him to rigorous imprisonment for one year. It was against that conviction and sentence that the respondent preferred an appeal, which was allowed by the learned Sessions Judge and the respondent was accordingly acquitted. Feeling aggrieved, the State bas preferred his appeal.

(3.) The respondent was produced from jail on 26.10.1983. He was asked whether he needs the assistance of any counsel which could be provided to him either through Legal Aid Committee or through the Registry or even of the amicus curiae but the respondent insisted that he would argue his own case and does not need assistance of any counsel. Accordingly the Government Advocate and the respondent were partly heard on 26.10.1983 and the arguments were concluded on 27.10.1983.