Jharkhand High Court
Md. Niyaz @ Md. Niyaz Khan vs The State Of Jharkhand on 6 October, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No. 614 of 2020
Md. Niyaz @ Md. Niyaz Khan --- --- 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 : M/s B.M. Tripathy, Navin Kr. Jaiswal, Advocate
For the Respondent : Mr. Prabir Kumar Chatterjee, Spl.P.P.
07/06.10.2021 When the prayer for suspension of sentence of this appellant has
been pressed by learned Senior Counsel Mr. B.M. Tripathy and attention
is drawn to the deposition of prosecution witnesses, it appears from
perusal of the Lower Court Records of the instant Sessions Trial Case
No. 47 of 2016 / Sessions Trial Case No. 239 of 2016, transmitted from
the Court of learned Additional Judicial Commissioner-XX, Ranchi vide
letter no. 26 dated 12.02.2021, that the deposition of the prosecution
witnesses such as 6,7, 8,9, 10,11 and 12 are not part of the L.C.R. It
appears that the L.C.R have been forwarded without proper verification
by the learned Presiding Officer of the court concerned.
Office is directed to call for the complete L.C.R. in connection
with Sessions Trial Case No. 47 of 2016 / Sessions Trial Case No. 239 of
2016 from the learned Trial Court, both of which were jointly tried
leading to the judgment of conviction dated 15.10.2020 and the order of
sentence of the same date impugned herein. The learned Presiding
Officer Mr. Vijay Kumar Srivastava, Additional Judicial Commissioner-
XX, Ranchi shall also submit an explanation for this lapse. Matter be
listed on 21.10.2021. The complete record should be available by that
date along with the explanation of the learned Presiding Officer.
Learned Spl. P.P. Mr. Prabir Kumar Chatterjee has received
instruction dated 06.10.2021 bearing memo no. 3624 from the Senior
Superintendent of Police, Ranchi regarding the criminal antecedent of
this appellant. As per the said instructions, appellant was an accused in
1. Bariatu (Gonda) P.S. Case No. 118 of 2004 u/s
147/148/149/452/307 of the IPC and 27 Arms Act.
2. Bariatu (Gonda) P.S. Case No. 134 of 2004 u/s 414 IPC and
25(a)(b)/26/35 Arms Act.
3. Bariatu P.S. Case No. 159 of 2003 u/s 147 / 148 / 149 / 341 /
323/302 IPC and 27 Arms Act.
Apart from that, he was an accused in the present Bariatu (Gonda)
P.S. Case No. 264 of 2012. However, learned Spl.P.P. submits that the
Senior Superintendent of Police, Ranchi has made a request for further
two weeks' time to obtain the criminal antecedent of this appellant for
the entire Ranchi District.
Learned Senior Counsel for the appellant has referred to the
supplementary affidavit filed on 22.09.2021 in compliance of the order
dated 01.09.2021 and submits that apart from the instant case, the
appellant was earlier implicated in the same three cases namely
Bariatu(Gonda) P.S. Case No. 118 of 2004; Bariatu(Gonda) P.S. Case
No. 134 of 2004 and Bariatu P.S. Case No. 159 of 2003 in which he has
been acquitted by judgments dated 21.04.2006; 06.06.2007 and
30.04.2008. The certified copy of the judgments in all these three cases
have been annexed to the Annexure-2 series of the I.A.
Having regard to the aforesaid facts noted above, learned Spl.P.P.
is allowed time to ascertain the criminal antecedent of this appellant of
the entire Ranchi District. Same should be placed on record by the next
date without fail.
(Aparesh Kumar Singh, J.)
(Anubha Rawat Choudhary, J.)
A.Mohanty
