Pankaj Kumar Verma vs The State Of Jharkhand
2021 Latest Caselaw 4468 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Criminal Appeal (DB) No. 32 of 2021
     Pankaj Kumar Verma                                     --- --- 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. Dilip Kr. Karmakar, Advocate For the State : Mr. Manoj Kr. Mishra, A.P.P.

05/29.11.2021 Learned counsel for the appellant submits that limitation petition has been filed with a prayer for condonation of delay of 466 days. In order to remove defect no. 5(e), which relates to furnishing of original copy of vakalatnama, learned counsel for the appellant prays for and is allowed two weeks more time for the said purpose, since covid restrictions have been lifted substantially now and the jail authorities are supposed to supply the original executed vakalatnama.

By way of I.A. No. 2833 of 2021, learned counsel for the appellant prays for condonation of delay of 466 days in preferring the instant memo of appeal. Learned counsel for the appellant submits that delay is not intentional but has occasioned due to the fact that there was no one in the family to take step for filing of the appeal as the younger brother of the appellant is also in custody. Appellant is suffering conviction for 10 years under Section 304 B of the I.P.C and would suffer irreparably if the delay is not condoned.

Learned A.P.P. does not oppose the prayer.

Having considered the submissions of learned counsel for the parties and being satisfied with the explanation urged, delay is condoned. I.A. No. 2833 of 2021 stands disposed of.

The sole appellant along with one Dinesh Kumar Verma stands convicted for the offence punishable under Section 498(A) and 304-B of the I.P.C by the impugned judgment dated 27.08.2019 passed in Sessions Trial No. 131 of 2017 by the court of learned Additional Sessions Judge- VII, East Singhbhum, Jamshedpur and both have been sentenced to undergo R.I. for 2 years with a fine of Rs.5000/- each and a default sentence each u/s 498(A) I.P.C and further sentenced to undergo R.I. for 10 years with a fine of Rs.20,000/- each and a default sentence each u/s 304-B I.P.C by the impugned order of sentence dated 29.08.2019. Both the sentences were ordered to run concurrently.

Admit.

Call for the lower court record in connection with Sessions Trial Case No. 131 of 2017 from the court of learned Additional Sessions Judge-VII, East Singhbhum, Jamshedpur.

Learned counsel for the appellant submits that lower court records have already been received in connection with connected appeal being Criminal Appeal(DB) No. 129 of 2020 preferred by co-convict Dinesh Kumar Verma.

Office to verify. If the lower court records have been received, the same be placed along with the instant appeal on I.A. No. 4336 of 2021 seeking suspension of sentence of the present appellant. Let the connected Criminal Appeal (DB) No. 129 of 2020 be placed with the instant appeal when the matter is taken up.

(Aparesh Kumar Singh, J.)

(Anubha Rawat Choudhary, J.)

A.Mohanty