JAGMOHAN PARASHAR Vs. STATE OF M P

JUDGEMENT

(1.) This is a reference under Section 15(2) of the Contempt of Courts Act, 1971 by Special Judge (Atrocities) and Additional District and Session Judge and Additional Session Judge, Gwalior.

(2.) Brief facts of the reference are that Shri Rajendra Mahajan, Special Judge (Atrocities) and Additional Sessions Judge, Gwalior was presiding over the session trial No. 330/04 in the matter of State of Madhya Pradesh, through police station Kotwali, Gwalior against one accused Jagmohan. On 19-1-2007 the aforesaid session trial was listed for final judgment. At about 12 o'clock in the noon, the learned Judge called the case. Accused Jagmohan was present along with his Advocate Shri Shailendra Singh. Susendra Singh Parihar, Assistant Public Prosecutor was also present on behalf of the State. Learned Assistant Public Prosecutor was also assisted by Shri M. S. Yadav, Advocate. Accused Jagmohan was under custody. The judgment was pronounced and accused Jagmohan was found guilty under Section 302 read with Section 338 of IPC and thereafter, the learned Judge heard both the parties on the question of awarding the sentence. After hearing on the question of sentence, the learned Judge dictated the order of sentence and imposed sentence of life imprisonment and also imposed fine of Rs. 50,000/- (Rupees fifty thousand). He also imposed two years rigorous imprisonment for the offence under Section 338 of IPC.

(3.) After hearing the sentence, the accused Jagmohan started abusing the Judge and took out his both the sandals which he was wearing and hurled them towards the Judge, which fell on dias. At the time of this incident, the Judge was on dias. Lawyers Jitendra Singh, Raja Yadav, Anant Bansal and Somveer Singh were present in the Court. The Court employees Arun Kadam, Girraj Verma, J. P. Namdeo, Sanjay Soni, Khuman Singh, Indrapal Singh Tomar (Court Moharar) and Smt. Nisha Bhatta were present, who had witnessed the incident. Thereafter, contempt proceedings were initiated against the accused Jagmohan and the matter was also reported to Police Station Inderganj, Gwalior and thereafter the Special Judge (Atrocities) has referred this matter to this Court under Section 15(2) of the Contempt of Courts Act for taking appropriate action.