BHAGWAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal has been filed against the judgment and sentence dated 27-5-2009 passed by 1st Additional Sessions Judge, Vidisha in Sessions Trial No. 203/2006 by which the appellant and the co-accused Diwan Singh have been convicted under Section 395 read with Section 397 of I.P.C. and have been sentenced to undergo the rigorous imprisonment for a period of 10 years and a fine of Rs. 5,000/-, with default imprisonment.

(2.) The co-accused Diwan Singh had filed a separate Criminal Appeal which was registered as Cr.A. No. 426 of 2006. An application was filed by the co-accused Diwan Singh seeking permission to withdraw the appeal, accordingly, this Court by order dated 27.11.2017 permitted the appellant Diwan Singh to withdraw the appeal and the appeal was dismissed as withdrawn. Thus, the facts of the case shall be considered in the light of the allegations made against the appellant.

(3.) The case was called for number of times, but no one appeared on the behalf of the appellant. The appellant was never granted bail. Shri. Rishikesh Bohare, Advocate, who is in the panel of High Court Legal Aid Committee and has a vast experience of arguing criminal matters, is present in the Court. He was requested to go through the record and argue on behalf of the appellant. Shri. Bohare, Advocate, graciously accepted the request made by the Court. He went through the record for near about 2 hours and argued the matter at length on behalf of the appellant.