Bhulan Korwa vs The State Of Jharkhand
2021 Latest Caselaw 4147 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr. Appeal (DB) No. 102 of 2021
           Bhulan Korwa                                                     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. Madan Prasad, Advocate
           For the State             : Mr. Shekhar Sinha, Spl. P.P
05/02.11.2021     Heard learned counsel for the parties on the prayer for condonation of

delay of 155 days in preferring the instant Memo of Appeal made through I.A. No. 3014 of 2021.

Learned counsel for the appellant submits that the appellant being rustic and unaware of legal remedies, could not prefer the appeal within time and also due to financial constraint. Appeal was preferred after some delay, which is not intentional. The delay may be condoned, otherwise appellant shall irreparable injury as he has been suffering conviction for life under Sections 302/34 and 201/34 of I.P.C.

Learned counsel for the State does not oppose the prayer. On consideration of the grounds urged and the submission of learned counsel for the parties, delay is condoned. The instant I.A. stands disposed of.

Sole appellant stands convicted for the offence punishable under Sections 302/34 and 201/34 of I.P.C by the impugned judgment dated 31st July, 2019 passed in Sessions Trial No. 96 of 2015 by learned Additional Sessions Judge-VI, Garhwa and has been sentenced to undergo imprisonment for life with a fine of Rs. 10,000/- under Section 302/34 of I.P.C and default sentence. He has also been sentenced to undergo Rigorous Imprisonment for 5 years with a fine of Rs. 2,000/- under Section 201 of I.P.C and default sentence by the impugned order of sentence dated 8th August, 2019. Both the sentences have been ordered to run concurrently.

Admit.

Call for the Lower Court Record from the Court of learned Additional Sessions Judge-VI, Garhwa in connection with Sessions Trial No. 96 of 2015.

Prayer for suspension of sentence made through I.A. No. 2512 of 2021 shall be considered after receipt of Lower Court Records.

Learned Spl. P.P. would ascertain as to the status of the enquiry against the accused, who has been declared juvenile.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Jk