( 1 ) THIS is a reference under section 15 (2) of the contempt of Courts act, 1971 by Special Judge (Atrocities) and additional District and Sessions 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.

( 4 ) AFTER receiving the aforesaid reference, the same was placed before the Division Bench and on 29-1-2007 this court directed to issue notice to respondent/accused Jagmohan. On 19-2-2007 this court again directed the superintendent Jail to produce the contemner jagmohan in the court. On 12-3-2007 contemner Jagmohan was present in the court. He has filed his reply and in the reply he has indirectly admitted his guilt and tendered unconditional apology. In the reply it has been mentioned that a false case was registered and report was lodged against him. He is not guilty of any offence. It is mentioned that after hearing the sentence he lost his mental balance and innocently without any intention he committed the aforesaid incident. It is further stated that at that time, the contemner was under mental stress and he fell down, became unconscious and thereafter he was admitted in Neurology department. He has also submitted that he has respect for the court. He has explained his family conditions in the reply and has prayed that unconditional apology be accepted and he be granted pardon.

( 5 ) WE have heard and perused the allegations mentioned in the reference matter and we have also perused the reply and unconditional apology submitted by the contemner Jagmohan. It is not in dispute that the contemner Jagmohan was a police constable. He was an accused in a criminal case and was prosecuted in ST. No. 330/04 for offence under sections 302 and 338 of IPC. The allegations against him was that on 16-8-2004, suman (PW-7) wife of deceased Gijju lodged FIR that four-five years back her husband had purchased one house from one pinki and thereafter Gijju constructed new house in place of old house the