Putkar Pandeya & Others vs The State Of Jharkhand
2021 Latest Caselaw 2782 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cr. Appeal (DB) No. 586 of 2020
     Putkar Pandeya & others                          --- --- Appellants
                                    Versus
     The State of Jharkhand                           --- --- Respondent
                        .......

CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

Through Video Conferencing

For the Appellants : Mr. Nagendra Pathak, Advocate For the Respondent : Mr. Azeemuddin, A.P.P.

05/09.08.2021 Heard learned counsel for the parties on the prayer for condonation of delay of 305 days in preferring the instant memo of appeal made through I.A. No. 255 of 2021. It is stated that the appellants have been all along in custody and could not make necessary arrangement for filing the appeal in time. However, they, somehow contacted their relatives and made arrangements for filing of the appeal through their pairvikar, which has occasioned some delay, though it is not deliberate. If the delay is not condoned, appellants would suffer irreparably.

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

Having regard to the explanation urged and the submissions of the parties, delay is condoned. I.A. No. 255 of 2021 stands disposed of.

These appellants along with two others stand convicted for the offence punishable under Section 302 , 201 read with Section 34 of the I.P.C and also under Section 3,4,5 of the Prevention of Witch (Daain) Practices Act, 1999 by the impugned judgment dated 15.03.2019 passed in Sessions Trial No. 196 of 2018 by the court of learned Additional Sessions Judge-I, Ghatsila and have been sentenced to undergo R.I. for life with a fine of Rs.15,000/- each and a default sentence each under Section 302/34 I.P.C; further sentenced to undergo R.I. for 5 years and a fine of Rs. 5000/- each with a default sentence each under Section 201/34 I.P.C. and also sentenced to undergo R.I. for 2 months, 4 months , 2 months with default sentence respectively for the offences punishable under Sections 3,4,5 of the Prevention of Witch (Daain) Practices Act,1999 by the impugned order of sentence dated 16.03.2019. All the sentences were directed to run concurrently.

Admit.

Call for the lower court record in connection with Sessions Trial No. 196 of 2018 from the court of learned Additional Sessions Judge-I, Ghatsila.

Office to verify if the other co-convicts namely Bagun Bodra and Suni Purti have preferred any appeal.

(Aparesh Kumar Singh, J.)

(Anubha Rawat Choudhary, J.) A.Mohanty