Jharkhand High Court
Amulya Kumhar vs The State Of Jharkhand on 15 December, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 1253 of 2004
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Amulya Kumhar ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Appellant : Mr. Pandey Ashok Nath Rai, Advocate
For the Respondents : Mr. Shekhar Sinha, P.P.
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Order No. 11: Dated: 15 December, 2021
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Mr. Pandey Ashok Nath Roy, learned counsel for the appellant
and Mr. Shekhar Sinha, learned P.P. for the State are present.
Learned counsel for the appellant submits that the sole appellant
Amulya Kumhar was convicted for the offence punishable u/s 376 of IPC
and he was sentenced to undergo Rigorous Imprisonment for 7 years for
the offence punishable u/s 376 IPC as per the impugned judgment of
conviction dated 04.03.2004 and order of sentence dated 05.03.2004
passed in Sessions Trial No. 12 of 2003 by the Sessions Judge, Seraikella
Kharsawan.
It has also been pointed out that pursuant to the previous order a
report was called for from the concerned jail Superintendent of the Birsa
Munda Central Kara Hotwar Ranchi in order ascertain as to whether the
sole appellant Amulya Kumhar son of Pawan Kumhar is served the
sentence or not as awarded by the learned trial court in S.T. No. 12 of
2003.
Accordingly, as called for, the report has been received from the
Principal District and Sessions Judge, Seraikella Kharsawan and from the
perusal of the said report it appears that the sole appellant, after serving
the sentence awarded to him by the learned trial court, has already been
released from the Birsa Munda Central Jail on 11.03.2008.
Further from the affidavit filed on behalf of the State through the
concerned police station of Raj Nagar in the district of Seraikella it is
found that the said sole appellant Amulya Kumhar has been living
somewhere in Gujarat and doing some private work. Learned counsel for
the appellant submits that now he does not want to argue/press this
criminal appeal on merit taking into consideration that the sole appellant
has already served the sentence and after serving the sentence he has
been released from jail.
Learned A.P.P. appearing for the State does not raise any
objection and submits that let this appeal be dismissed in view of the fact
that the sole appellant has already served the sentence and has been
released on bail.
Having taken into consideration the submissions advanced on
behalf of both the parties, it is found that the learned trial Court has
found the sole appellant guilty for the offence punishable u/s 376 of IPC
as per the impugned judgment of conviction dated 04.03.2004 and order
of sentence dated 05.03.2004. Now from the report received from the
Principal District and Sessions Judge, Seraikella-Kharswan, it is found
that the appellant has served the sentence awarded to him for the period
of 7 years R.I. and thereafter he has been released from jail after
completing his full term of imprisonment of 7 years R.I. To that effect the
State has also filed on affidavit which is available on record under which
it has been categorically mentioned that appellant has been working in
Gujarat. The learned Defence Counsel appearing on behalf of the
appellant does not want to argue this appeal on the judgment of
conviction and therefore, this appeal gets dismissed for want of
appellant's urge to argue on the point of judgment of conviction passed
by the learned trial court in Sessions Trial No. 12 of 2003.
As a consequence this appeal gets disposed of as above.
(Navneet Kumar, J.)
MM
