Gulam Gaush Ansari vs The State Of Jharkhand
2021 Latest Caselaw 2921 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cr. Appeal (DB) No. 612 of 2020
     Gulam Gaush Ansari                                       --- --- 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

For the Appellant : Mr. Nawin Kumar, Advocate For the Respondent : Mr. Shailendra Kr. Tiwari, A.P.P.

06/16.08.2021 This appellant along with three others namely, Alok Agrawal @ Chiku, Abarique Ansari @ Chhotu and Shakil Ansari have been convicted for the offence punishable under sections 302 read with section 120-B of I.P.C. Accused Alok Agrawal @ Chiku, Shakil Ansari and the present appellant have also been acquitted for the charges under sections 25(1-b) a, 26, 27/35 of the Arms Act, while the other accused namely, Abarique Ansari @ Chhotu has been convicted under section 25(1-b) a, 26 and 27 of the Arms Act. The accused Ashwini Kumar Agarwal @ Niku however has been acquitted from all the charges by the impugned judgment dated 01.10.2020 rendered in S.T. Case No. 51/2018 by the Court of learned Additional Sessions Judge-II, Lohardaga. All the convicts have been sentenced to undergo R.I. for life with a fine of Rs. 30,000/- each and default sentence each for the offence punishable under section 302 read with section 120-B of I.P.C. Further the co-convict Abarique Ansari @ Chhotu has also been sentenced to undergo R.I. for two years with a fine of Rs.10,000/- and a default sentence for the offence punishable under section 25(1-b)a of Arms Act; R.I. for 6 months with a fine of Rs.5000/- and a default sentence for the offence punishable under Section 26 of the Arms Act and R.I. for 5 years and with a fine of Rs. 15,000/- and default sentence for the offence punishable under Section 27 of the Arms Act, vide impugned order of sentence dated 06.10.2020.

Admit.

Call for the lower court record in connection with S.T. Case No. 51/2018 from the court of learned Additional Sessions Judge-II, Lohardaga.

Learned counsel for the appellant submits that L.C.R has already been received in connection with Cr. Appeal (DB) No. 628 of 2020, preferred by co-convict Shakil Ansari.

Office to verify. If the L.C.R. has been received in the said appeal, place the L.C.R. along with the instant appeal for consideration of the prayer for suspension of sentence of present appellant made through I.A. No. 6145 of 2020. Let the records of Cr. Appeal (DB) No. 628 of 2020 be also placed along with this appeal.

(Aparesh Kumar Singh, J.)

(Anubha Rawat Choudhary, J.) A.Mohanty