Babita Devi vs The State Of Jharkhand
2021 Latest Caselaw 2830 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                Cr. Appeal (DB) No. 110 of 2021

            Babita Devi                                     ---   ---     Appellant
                                              Versus
            1. The State of Jharkhand
            2. Karuna Devi                                  ---   ---    Respondent
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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. Lalan Kr. Singh, Advocate For the Respondent: Mr. Vineet Kr. Vashistha, A.P.P

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04 / 10.08.2021 Learned counsel for the appellant undertakes to make necessary correction in the age of the appellant to correspond it with her age in the impugned judgment within a period of two weeks.

Office to place the file for inspection and carrying out necessary correction, on requisition being made, within this time.

2. Heard learned counsel for the appellant and learned A.P.P Mr. Vineet Kumar Vashistha on the prayer for condonation of delay of 403 days in preferring the instant Memo of Appeal made through I.A. No. 2966/2021.

3. Learned counsel for the appellant submits that the appellant being poor lady, could not arrange enough money to prefer this appeal before this Court within time. However, later somehow she could manage to arrange money from other person and this appeal was preferred after some delay, which is not deliberate. Appellant may suffer irreparably if the delay is not condoned.

4. Learned A.P.P does not oppose.

5. Having considered the submissions of learned counsel for the parties and the explanations given, delay is condoned. I.A. No. 2966/2021 stands disposed of.

6. The sole appellant stands convicted for the offence punishable under sections 302 and 201 of the Indian Penal Code by the impugned judgment dated 29.11.2018 passed in Sessions Trial No. 104/2016 by the Court of learned Additional Sessions Judge-XIV, Hazaribag and has been sentenced to undergo R.I for life with a fine of Rs. 20,000/- and default sentence under section 302 of the Indian Penal Code and R.I for six years with a fine of Rs. 6,000/- and default sentence under section 201 of the Indian Penal Code by the impugned order of sentence dated 07.12.2018. Other three accused persons have been acquitted.

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7. Admit.

8. Call for the lower court records in connection with Sessions Trial No. 104/2016 from the Court of learned Additional Sessions Judg-I, Hazaribag.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Ranjeet/