Damodar Mistri vs The State Of Jharkhand
2021 Latest Caselaw 4774 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 Cr. Appeal (DB) No. 391 of 2020

              Damodar Mistri                         ---          ---    Appellant
                                              Versus
              The State of Jharkhand                 ---          ---   Respondent
                                                 ---

              CORAM:         Hon'ble Mr. Justice Aparesh Kumar Singh
                         Hon'ble Mrs. Justice Anubha Rawat Choudhary
                                                 ---

For the Appellant: Mr. Pankaj Kr. Mishra, Advocate For the Respondent: Mr. Shekhar Sinha, Special P.P

---

05 / 13.12.2021 Heard learned counsel for the appellant and learned Special P.P for the State on the prayer for condonation of delay of 42 days in preferring the instant Memo of Appeal made through I.A. No. 514/2021.

2. On consideration of the grounds urged and submissions of the parties, delay is condoned. I.A. is disposed of.

3. The sole appellant along with Chaita Mistri @ Chetlal @ Balkishun Mistri, Damodar Mistri, Hemiya Devi and Rina Devi have been convicted for the charges punishable under section 147, 148, 427 and 447 of the Indian Penal Code while this appellant along with Chaita Mistri @ Chetlal @ Balkishun Mistri have also been held guilty for the offence punishable under section 302 of the Indian Penal Code and co-convicts Hemiya Devi and Rina Devi have also been held guilty for the offence punishable under section 302/149 of the Indian Penal Code by the impugned judgment dated 24.02.2020 passed in Sessions Trial No. 192/2009 by the Court of learned Additional Sessions Judge-V, Giridih and all the convicts have been sentenced to undergo R.I for two years each under section 148 of the Indian Penal Code; R.I for one year each under section 427 of the Indian Penal Code and R.I for three months under section 447 of the Indian Penal Code, but no separate sentence have been imposed under section 147 of the Indian Penal Code as they have been sentenced under section 148 of the Indian Penal Code. This appellant along with co-convict Chaita Mistri @ Chetlal @ Balkishun Mistri have also been sentenced to undergo imprisonment for life with a fine of Rs. 20,000/- each and a default sentence under section 302 of the Indian Penal Code, while co-convict Hemiya Devi and Rina Devi have also been sentenced to undergo imprisonment for life with a fine of Rs. 10,000/- each and a default sentence under section 302/149 of the Indian Penal Code, by the impugned order of sentence dated 29.02.2020.

4. Admit.

5. Call for the lower court records in connection with Sessions Trial No. 192/2009 from the Court of learned Additional Sessions Judge-V, Giridih.

6. Learned counsel for the appellant submits that co-convicts namely Rina Devi, Hemiya Devi and Chaita Mistry have preferred Cr. Appeal (DB) No. 281/2020, Cr. Appeal (DB) No. 405/2020 and Cr. Appeal (DB) No. 527/2020 respectively in which lower court records have been summoned.

Office to verify, whether lower court records have been received, if so, place it along with Cr. Appeal (DB) No. 281/2020, Cr. Appeal (DB) No. 405/2020 and Cr. Appeal (DB) No. 527/2020 when the instant appeal is taken up.

7. Prayer for suspension of sentence made through I.A. No. 1384/2021 shall be considered after receipt of the lower court records. I.A. No. 6522/2020 is dismissed as withdrawn.

8. It appears from para-3 of the impugned judgment that three accused namely, Rameshwar Mistri, Dinesh Mistri and Ramesh Mistri were still absconding. Learned Special Public Prosecutor would inquire whether they have been apprehended, if so, what is the status of their trial. Let an affidavit to that effect be filed within four weeks.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Ranjeet/