Jharkhand High Court
Kuldeep Oraon vs The State Of Jharkhand on 23 December, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 368 of 2020
1. Kuldeep Oraon
2. Rishi Tirkey
3. Sandeep Tirkey
4. Basant Kacchap
5. Ajay Munda @ Anay Munda
6. Sunil Munda
7. Sunil Oraon --- --- Appellants
Versus
The State of Jharkhand --- --- Respondent
---
CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mrs. Justice Anubha Rawat Choudhary
---
For the Appellants: Ms. Aanya, Advocate
For the Respondent: Mr. Bhola Nath Ojha, A. P.P
---
06 / 23.12.2021 Learned counsel for the appellants submits that delay condonation
application vide I.A. No. 6790/2021 has been filed to remove defect no. 2. She
submits that running page no. 114 is complete and therefore, defect no. 9(vi)
may be ignored. Accordingly, said defect is ignored.
2. Heard learned counsel for the appellants and learned A.P.P on the prayer
for condonation of delay of 34 days in preferring the instant Memo of Appeal
made through I.A. No. 6790/2021.
3. Learned counsel for the appellants submits that delay is minor and not
intentional. After obtaining copy of the impugned judgment, family members of
the appellants arranged money to prefer this appeal which has occasioned some
delay. Appellants may suffer irreparably if delay is not condoned. They are
suffering conviction for life which means remainder period of natural life under
section 376(D) and other allied sections of Indian Panel Code.
4. Learned A.P.P does not oppose the prayer.
5. On consideration of the grounds urged and submission of the parties,
delay is condoned. I.A. No. 6790/2021 stands disposed of.
6. These appellants along with Rajan Oraon, Naveen Oraon, Ravi Oraon
and Rohit Oraon have been convicted for the offence punishable under sections
376-D, 366/120-B, 341/120-B, 342/120-B, 323/120-B, 379/120-B, 411/120-B
and section 120-B of the Indian Penal Code by the impugned judgment dated
26.02.2020 passed in Sessions Trial No. 668/2019 by the Court of learned
Judicial Commissioner, Ranchi and they have has been sentenced in the
following manner by the impugned order of sentence dated 02.03.2020.
A. R.I. for life which shall mean remainder of natural life with a fine of
Rs.50,000/- each and a default sentence each under section 376-D of Indian
Penal Code.
B. Imprisonment for ten years under section 366 read with section 120-B of
Indian Penal Code.
C. Imprisonment for one month under section 341 read with section 120-B of
Indian Penal Code.
D. Imprisonment for one year under section 342 read with section 120-B of
Indian Penal Code.
E. Imprisonment for one year under section 323 read with section 120-B of
Indian Penal Code.
F. Imprisonment for three years under section 379 read with Section 120-B of
Indian Penal Code
G. Imprisonment for three years under section 411 read with Section 120-B of
Indian Penal Code.
However, no separate sentence has been awarded under section 120-B of
Indian Penal Code. All the sentences have been ordered to run concurrently.
7. Call for the lower court records in connection with Sessions Trial No.
668/2019 from the Court of learned Judicial Commissioner, Ranchi.
8. Learned counsel for the appellants submits that lower court records have
been summoned in Cr. Appeal (DB) No. 460/2020 preferred by co-convict
Naveen Oraon. Office to verify whether lower court records have been received
in the connected appeal, if so, place it along with the records of instant appeal
when the case is taken up.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Ranjeet/
