Budhan Singh Kunkal & Others vs The State Of Jharkhand
2021 Latest Caselaw 2860 Jhar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 Cr. Appeal (D.B) No. 551 of 2020
               Budhan Singh Kunkal & 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. Rajendra Prasad Gupta, Advocate For the State : Mr. Shekhar Sinha, Spl. P.P

---

06/11.08.2021 Heard learned counsel for the parties on the prayer for condonation of delay of 691 days in preferring the instant memo of appeal made through I.A. No. 1318 of 2021.

Learned counsel for the appellant submits that appellants are tribal and belong to poor family. Therefore, they could not arrange money to prefer this appeal within time. However, later somehow, they could manage to arrange some funds and contacted the counsel at Ranchi, whereafter the appeal has been filed with some delay, though it is not deliberate. Appellant may suffer irreparably if the appeal is not condoned.

Learned A.P.P. for the State does not oppose the prayer. Having considered the submission of learned counsel for the parties and the explanation urged, delay is condoned. The instant I.A. stands disposed of.

These three appellants along with one Passing Sawaiyan stand convicted for the offence punishable under Sections 302/34, 201/34 of I.P.C by the impugned judgment dated 18.02.2017 passed in S.T. No. 29 of 2012 by the Court of learned Additional Sessions Judge-I, West Singhbhum at Chaibasa and have been sentenced to undergo Imprisonment for Life with a fine of Rs. 10,000/- each under Section 302/34 of I.P.C. and further sentenced to undergo Rigorous Imprisonment for 3 years with a fine of Rs. 2,000/- each under Section 201/34 of I.P.C along with default sentence each. Both the sentences have been ordered to run concurrently by the impugned order of sentence dated 22.02.2017.

Admit.

Call for the Lower Court Record from the Court of learned Additional Sessions Judge-I, West Singhbhum at Chaibasa in connection with S.T. No. 29 of 2012.

Learned counsel for the appellant submits that the other convict, Passing Sawaiyan has preferred Criminal Appeal (D.B) No. 849 of 2017, in which Lower Court Records have already been summoned. Office to verify. Let Cr. Appeal(D.B) No. 849 of 2017 be tagged along with the instant appeal.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) jk/