Jharkhand High Court
Doman Hansda @ Sagen Manjhi vs The State Of Jharkhand on 10 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 310 of 2020
Doman Hansda @ Sagen Manjhi --- --- Appellant
Versus
The State of Jharkhand --- --- Respondent
---
CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mrs. Justice Anubha Rawat Choudhary
Through: Video Conferencing
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For the Appellant: Mr. Amresh Kumar, Advocate
For the Respondent: Mr. Sanjay Kr. Srivastava, A.P.P
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07 / 10.08.2021 Heard learned counsel for the appellant Mr. Amresh Kumar and learned
A.P.P Mr. Sanjay Kumar Srivastava on the prayer for condonation of delay of
114 days in preferring the instant Memo of Appeal made through I.A. No.
3724/2021.
2. Learned counsel for the appellant submits that the appellant being poor,
could not prefer appeal within time and thereafter approached the High Court
Legal Services Committee for legal aid. Thereafter, appeal was filed. Delay
may be condoned, otherwise he may suffer irreparably.
3. Learned A.P.P does not oppose.
4. Upon hearing the learned counsel for the parties and on being satisfied
with the reasons explained, delay is condoned. I.A. No. 3724/2021 stands
disposed of.
5. The sole appellant stands convicted for the offence punishable under
sections 353, 333, 307 and 414 read with section 34 of the Indian Penal Code
and also under sections 25(1-B) A, 26 and 27 read with section 35 of the Arms
Act by the impugned judgment dated 23.09.2019 passed in Sessions Trial No.
156/2017 by the Court of learned Additional Sessions Judge-I, Ghatsila and has
been sentenced to undergo R.I for two years with a fine of Rs. 2,000/- under
section 353/34 of the Indian Penal Code; R.I for seven years with a fine of Rs.
5,000/- under section 333/34 of the Indian Penal Code; R.I for ten years with a
fine of Rs. 5,000/- under section 307/34 of the Indian Penal Code and R.I for
two years under section 414/34 of the Indian Penal Code. He has been further
sentenced to undergo R.I for two years with a fine of Rs. 2,000/- under section
25(1-B), A of the Arms Act and R.I for five years with a fine of Rs. 3,000/-
under section 26 and 27 of the Arms Act and default sentences by the impugned
order of sentence dated 24.09.2019.
6. Admit.
7. Call for the lower court records in connection with Sessions Trial No.
156/2017 from the Court of learned Additional Sessions Judge-I, Ghatsila.
8. The prayer for suspension of sentence made through I.A. No. 3386/2021
shall be considered after receipt of the lower court records.
9. Learned A.P.P shall make an inquiry as to the status of investigation /
trial against two other accused persons namely Chunu Pandaya @ Dole
Pandaya and Madhav Lohar who were also charge sheeted along with the
present appellant. Let such an affidavit be filed with four weeks.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Ranjeet/
