Jharkhand High Court
Chaita Mistri @ Chetlal Mistri @ ... vs The State Of Jharkhand on 23 June, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 527 of 2020
Chaita Mistri @ Chetlal Mistri @ Chetlal @ Balkishun Mistri
--- --- 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. Shailesh Kr. Singh, Advocate
For the Respondent: Mr. Ravi Prakash, Advocate
---
05 / 23.06.2021 Prayer for suspension of sentence have been made by the appellant
through I.A. No. 2245/2021.
2. The sole appellant along with three others Damodar Mistri, Hemiya Devi
and Rina Devi have been convicted for the offences punishable under sections
147, 148, 44, and 427 of the Indian Penal Code. This appellant along with
Damodar Mistri has also been convicted for the offences punishable under
section 302 of the Indian Penal Code, whereas other co-accused Hemiya Devi
and Rina Devi have also been held guilty for the offences punishable under
sections 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; R.I. for three
months under section 447 of the Indian Penal Code. However, no separate
sentence has been awarded under section 147 of the Indian Penal Code. Further,
appellant along with Damodar Mistri has been sentenced to undergo life
imprisonment with a fine of Rs. 20,000/- each and default sentence for the
offence punishable under section 302 of the Indian Penal Code, while other two
co-convicts Hemiya Devi and Rina Devi have also been sentenced to undergo
life imprisonment for the offences punishable under section 302 read with
section 149 of the Indian Penal Code with a fine of Rs. 10,000/- each and
default sentences, by the impugned order of sentence dated 29.02.2020.
3. It appears that the trial of the present appellants and three other accused
persons were split up as three other accused persons namely, Rameshwar
Mistri, Dinesh Mistri and Ramesh Mistri were absconder during commitment. It
further appears that other accused persons faced trial in Sessions Trial
No. 454/2007 arising out of the same Dumri P.S. Case No. 18/2007, out of
which, Cr. Appeal (DB) Nos. 276/2010 and 101/2010 arose. Those two criminal
appeals have been decided by common judgment dated 09.05.2018 upholding
the conviction, as per the submission of learned counsel for the appellant.
Accordingly, let the records of Cr. Appeal (DB) Nos. 267/2010 and 101/2010
be placed along with the instant appeal. Let the records of Cr. Appeal (DB)
Nos. 281/2020 and 405/2020 said to have been preferred by other co-convicts
Rina Devi and Hemiya Devi be also placed along with the instant appeal on the
next date along with any other appeals arising out of the instant Sessions Trial.
4. Learned A.P.P Mr. Ravi Prakash would, in the meantime, seek
instruction as to the status of the trial in respect of three absconder accused
namely Rameshwar Mistri, Dinesh Mistri and Ramesh Mistri.
5. Let the matter appear in the week of 05.07.2021.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Ranjeet/
