Jharkhand High Court
Ladu Munda vs The State Of Jharkhand on 25 October, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No. 390 of 2020
Ladu Munda --- --- 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. S.K. Vishwakarma, Advocate
For the Respondent : Mrs. Vandana Bharti, A.P.P.
06/25.10.2021 Defect no. 9(i) appears to be an inadvertent error in the date of
order of sentence at page 60 and at the last page. Since the judgment was
delivered on 25.02.2020, the date of sentence at the end of the order of
sentence i.e., 29.02.2020 appears to be correct and not the one at the
opening para of the order of sentence i.e., 16.1.2020. Accordingly, it is
ignored. Learned counsel for the appellant has removed defect no. 9(iii)
in the first copy of the court's record. However, he undertakes to remove
the said defect in the second copy during course of the day.
We have heard learned counsel for the parties on the point of
condonation of delay of 54 days in preferring the instant appeal for
which I.A. No. 3929 of 2021 has been preferred. On being satisfied with
the grounds urged, delay is condoned. I.A. No. 3929 of 2021 stands
disposed of. Other I.A. No. 5361 of 2021 for removal of defects is also
disposed of.
This appellant along with Achu Munda and Rajaram Munda
stands convicted for the offence punishable under Sections 148,302/149
& 307/149 I.P.C. and Section 26 of the Arms Act by the impugned
judgment dated 25.02.2020 passed in Sessions Trial Case No. 145 of
2018 / Sessions Trial Case No. 16 of 2019 by the court of learned
District & Additional Sessions Judge-II, Khunti and have been sentenced
in the following manner by the impugned order of sentence dated
29.02.2020:
1. Life imprisonment with a fine of Rs. 10,000/- each and a default
sentence each for the offence u/s 302/149 I.P.C
2. R.I. for 7 years with a fine of Rs. 5000/- each and a default sentence
each u/s 307/149 I.P.C.
3. R.I. for 2 years u/s 148 I.P.C.
4. R.I. for 4 years with a fine of Rs. 2000/- each and a default sentence
each u/s 27 Arms Act.
All the sentences were directed to run concurrently.
Admit.
Call for the Lower Court Record in connection with Sessions Trial
Case No. 145 of 2018 / Sessions Trial Case No. 16 of 2019 from the
court of learned District & Additional Sessions Judge-II, Khunti.
Convict Rajaram Munda has preferred Cr. Appeal (DB) No. 363
of 2020 while other convict Achu Munda has preferred Cr. Appeal (DB)
No. 384 of 2020.
Office to verify whether L.C.R has been summoned in respect of
other connected appeals, if so, place it along with the instant appeal as
well. Let the other connected appeals be also placed when the instant
appeal is taken up.
(Aparesh Kumar Singh, J.)
(Anubha Rawat Choudhary, J.)
A.Mohanty
