RAMESH DARIYAV SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS writ appeal is preferred by the present appellant, being aggrieved by the order dated 23rd day of january, 2007, passed by the learned Single Judge of this court in W. P. No. 6503/2006, whereby the writ petition filed by the present appellant for seeking a direction to set the petitioner at liberty and for paying adequate compensation was dismissed.

(2.) THE facts of the case, briefly stated, are that the present appellant-petitioner was prosecuted and eventually convicted for the offences punishable under sections 302, 148 and 149 of IPC for committing murder of one Arjun Singh on 12. 07. 1990. The learned Sessions Judge by his order dated 31st July 1996 (Annexure P/1) in Sessions trial No. 78/93 convicted the present appellant for commission of offence under Section 302 read with Section 149 of IPC and sentenced him to undergo imprisonment for life. The other co-accused Dilip Singh was acquitted from the charges levied against him.

(3.) THIS judgment was challenged by the present appellant by filing an appeal before this Court which has been registered as Criminal Appeal No. 644/1996. This court decided the said appeal on 14th Day of February, 2006 and held that even though the offence against the present appellant under Section 302 of IPC is not made out, but he was found guilty for commission of offence under Section 304 Part-I of IPC and was sentenced to suffer rigorous imprisonment for seven years. This order has attained finality and the present appellant-petitioner is undergoing imprisonment.