( 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