Jagdish Singh Dixy @ Jagdish Singh ... vs The State Of Jharkhand
2021 Latest Caselaw 1985 Jhar

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           IN THE HIGH COURT OF JHARKHAND AT RANCHI

                           Cr. Revision No. 918 of 2013

         Jagdish Singh Dixy @ Jagdish Singh Dikshe and Others
                                          ...     ...    ...    Petitioners
                               Versus
         The State of Jharkhand                 ...    ...    Opp. Party
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioners : Mr. A.K. Sahani, Advocate For the Opp. Party : Mr. Shailesh Kumar Sinha, A.P.P.

Through Video Conferencing

12/22.06.2021

1. Learned counsel for the petitioners Mr. A.K. Sahani is present. The learned counsel for the petitioners has confined his argument to the sentence imposed by the learned courts below. He further submits that though the learned trial court had convicted the petitioners under Sections 147/341/342/323/448/385/506 of the Indian Penal Code but they were acquitted by the appellate court for the alleged offence under Section 385 of the Indian Penal Code. Learned counsel submits that the case is of the year 2001 and the petitioners were convicted vide judgment dated 15.09.2009 and at the time of conviction, the petitioner nos. 1,2,3,4 were of 50 years, 48 years, 40 years and 46 years of age respectively and accordingly their present age are about 62 years, 60 years, 51 years and 57 years respectively. He submits that they have faced the rigorous of criminal case for more than 20 years and accordingly some sympathetic view may be taken. He further submits that it was submitted before the learned trial court that there was no previous conviction of the petitioners.

2. Learned counsel for the State Mr. Shailesh Kumar Sinha has submitted that the case record was allotted to Mr. Tarun Kumar but on account of his ill health, he may not be able to appear before this court for a couple of weeks. Learned counsel

further submits that if a copy of the petition is provided to him, he shall assist the court from the side of the state and the matter may be adjourned.

3. Considering the submissions made, matter is adjourned to be listed day after tomorrow. Learned counsel for the petitioners is directed to provide a copy of the petition to Mr. Shailesh Kumar Sinha so that he may assist this court from the side of the state.

4. Post this case day after tomorrow i.e. 24.06.2021.

(Anubha Rawat Choudhary, J.) Binit/