Jharkhand High Court
Mahadeo Oraon @ Mahadev Oraon vs The State Of Jharkhand on 6 October, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 1241 of 2019
Mahadeo Oraon @ Mahadev Oraon --- --- Appellant
Versus
The State of Jharkhand --- --- Respondent
---
CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mrs. Justice Anubha Rawat Choudhary
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For the Appellant: Mr. Sanjay Kr. Pandey, Advocate
For the Respondent: Mr. Vineet Kr. Vashishtha, A.P.P
---
11 / 06.10.2021 Heard learned counsel for the appellant and learned A.P.P on the prayer
for condonation of delay of 45 days in preferring the instant Memo of Appeal
made through I.A. 5055/2021.
2. Learned counsel for the appellant submits that the appellant could not
arrange enough money to prefer this appeal within time. However, after much
efforts and arrangement of required funds, learned counsel of this court was
contacted and thereafter appeal has been preferred. Delay is not inordinate and
it may be condoned, otherwise appellant may suffer irreparably.
3. Learned A.P.P does not oppose the prayer.
4. Having considered the submissions of learned counsel for the parties and
the explanation urged, delay is condoned. I.A. No. 5055/2021 stands disposed
of.
5. This appellant along with two others namely, Charku Oraon and Chamra
Oraon stand convicted for the offence punishable under sections 302/34 of the
Indian Penal Code and section 27 of the Arms Act by the impugned judgment
dated 28.08.2019 passed in Sessions Trial No. 198/2017 by the Court of learned
District and Additional Sessions Judge-VI, Gumla and all the convicts have
been sentenced in the following manner by the impugned order of sentence
dated 03.09.2019. All the sentences have been ordered to run concurrently.
Name of convict For conviction under section For conviction under section
302/34 IPC 27 of the Arms Act.
Charku Oraon Life Imprisonment R.I. for 05 years
Fine Rs. 20,000/- Fine Rs. 5,000/-
In default- R.I for 01 year In default-R.I for 03 months.
Chamra Oraon Life Imprisonment R.I for 05 years.
Fine Rs. 20,000/- Fine Rs. 5,000/-
In default - R.I for 01 year In default-R.I for 03 months
Mahadev Oraon Life Imprisonment R.I for 05 years
Fine Rs. 20,000/- Fine Rs. 5,000/-
In default - R.I for 01 year In default- R.I for 03 months
6. Admit.
7. Call for the lower court records in connection with Sessions Trial No.
198/2017 from the Court of learned District and Additional Sessions Judge-VI,
Gumla.
8. It appears that two other co-convicts namely Charku Oraon and Chamra
Oraon have preferred Cr. Appeal (DB) No. 1077/2019 and Cr. Appeal (DB) No.
1124/2019 respectively. Office to verify whether lower court records have been
received in connection with the said case, if so, the same be placed along with
this appeal. The records of other two appeals be placed alongside whenever the
matter is taken up before the Bench.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Ranjeet/
