Chandra Bahadur @ Chandra Bahadur ... vs The State Of Jharkhand
2021 Latest Caselaw 2662 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr. Appeal (D.B.) No. 81 of 2021
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Chandra Bahadur @ Chandra Bahadur Rai --- --- Appellant Versus The State of Jharkhand. -- --- Respondent

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CORAM: The Hon'ble Mr. Justice Aparesh Kumar Singh The Hon'ble Mrs. Justice Anubha Rawat Choudhary Through Video Conferencing

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For the Appellant : Mr. Sanjay Kr. Thakur, Adv.

           For the State           : Mr. Saket Kumar, A.P.P.
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04/02.08.2021       Heard learned counsel for the parties on the prayer for

condonation of delay of 255 days in preferring the instant memo of appeal made through I.A. No.2687 of 2021.

Appellant has stated that being poor he could not arrange money to prefer the appeal within time. Therefore, the delay has occurred. However, it is not deliberate. Therefore, it may be ignored.

Learned A.P.P. does not oppose the prayer.

Having considered the explanation given on behalf of the appellant, delay is condoned. I.A. No.2687 of 2021 stands allowed.

Sole appellant along with one Munna Nepali stands convicted for the offence punishable under Section 304 Part-II of the I.P.C. and Section 324 of the I.P.C. read with Section 34 of the I.P.C. vide impugned judgment of conviction dated 17th May 2019 passed in S.T. No.572 of 2014 by the learned court of Additional Judicial Commissioner-VI, Ranchi and both the convicts have been sentenced to undergo RI for 10 years with a fine of Rs.30,000/- each and a default sentence each under Section 304 Part-II of the I.P.C. and also sentenced to undergo R.I. for three years under Section 324 of the I.P.C. vide impugned order of sentence dated 21st May 2019. Both the sentences have been ordered to run concurrently.

Admit.

Call for the lower court records from the court of Learned Additional Judicial Commissioner-VI, Ranchi in connection with S.T. No.572 of 2014.

Prayer for suspension of sentence made through I.A. No.2369/2021 shall be taken up after receipt of the LCR. Office to verify whether co-convict Munna Nepali has preferred any appeal.

(Aparesh Kumar Singh, J.)

(Anubha Rawat Choudhary, J.) Shamim/