Achu Munda vs The State Of Jharkhand
2021 Latest Caselaw 2991 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cr. Appeal (DB) No. 384 of 2020
     Achu Munda                                         --- --- 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. S.K. Vishwakarma, Advocate For the Respondent : Mrs. Vandana Bharti, A.P.P.

06/18.08.2021 Heard learned counsel for the appellant and learned A.P.P. on the prayer for condonation of delay of 44 days in preferring the instant memo of appeal, made through I.A. No. 3928 of 2021.

Learned counsel for the appellant submits that appeal was filed after some delay due to the pandemic situation. Delay may be condoned as it is not deliberate.

Learned A.P.P. does not oppose the prayer. Having considered the submissions of learned counsel for the parties and the explanation urged, delay is condoned. I.A. No. 3928 of 2021 stands disposed of.

This appellant along with Rajaram Munda and Ladu Munda stands convicted for the offence punishable under Section 148, 302 / 149, 307/149 of the I.P.C and 26 of the Arms Act by the impugned judgment dated 25.02.2020 passed in Sessions Trial Case No. 145 of 2018 / Sessions Trial Case No. 16 of 2019 by the court of learned District & Additional Sessions Judge-II, Khunti and all the convicts have been sentenced in the following manner by the order of sentence dated 29.02.2020

1. Life imprisonment with a fine of Rs.10,000/- each and a default sentence each under Section 302/149 I.P.C

2. R.I. for a period of 7 years with a fine of Rs.5000/- each and a default sentence each under Section 307/149 I.P.C

3. R.I. for a period of 2 years under Section 148 I.P.C

4. R.I. for a period of 4 years with a fine of Rs.2000/- each and a default sentence each under Section 27 of the Arms Act. All the sentences were directed to run concurrently.

Admit.

Call for the lower court record in connection with Sessions Trial Case No. 145 of 2018 / Sessions Trial Case No. 16 of 2019 from the court of learned District & Additional Sessions Judge-II, Khunti.

Office to verify whether the co-convicts Rajaram Munda and Ladu Munda have preferred any appeal.

(Aparesh Kumar Singh, J.)

(Anubha Rawat Choudhary, J.) A.Mohanty