Citation : 2021 Latest Caselaw 3493 Jhar
Judgement Date : 20 September, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Appellate Jurisdiction)
Cr. Appeal (DB) No. 632 of 2010
Sajjad Quarashi @ Husuru ... ... Appellant
Versus
The State of Jharkhand ... .... Respondent
with
Acquittal Appeal No. 12 of 2010
The State of Jharkhand ... .... Appellant
Versus
Gullu Alam @ Gulzar Alam and another ... .... Respondents
with
Cr. Appeal (DB) No. 687 of 2010
Guddu Alam @ Irfan Alam @ Rangeela and another ... .... Appellants
Versus
The State of Jharkhand ... .... Respondent
with
Cr. Revision No. 741 of 2010
Sakaldeep Gaur @ Raja Khatik ... .... Petitioner
Versus
The State of Jharkhand and others ... .... Respondents
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(Through V.C.) CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA
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For the Appellant(s)/Petitioner(s) : Mrs. J. Mazumdar, Advocate Ms. Vani Kumari, Amicus For the State : Mr. Ravi Prakash, Spl.PP Mrs. Vandana Bharti, APP;
Mr. Vineet Kumar Vashistha, APP For the Informant/Petitioner : Mr. Indrajit Sinha, Advocate;
Mr. Akhouri Awinash Kumar, Advocate
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th Order No. 25/Dated: 20 September, 2021 On 08.03.2021, we were informed by the learned counsel who appears in Cr. Revision No. 741 of 2010 that after the death of Sakaldeep Gaur @ Raja Khatik who is the revisionist in Cr. Revision No. 741 of 2010 his legal heirs are not traceable. We have indicated in the order dated 08.03.2021 that, whether Cr. Revision No. 741 of 2010 would abate as normally it should have or whether we would take assistance of the learned counsel for the revisionist treating him as Amicus in the case.
Cr. Revision No. 741 of 2010 has been preferred by the informant against adequacy of sentence imposed upon the convicts who are ordered to undergo RI for life and fine of Rs. 10,000/- under section 302 and /or 302/149 of the Indian Penal Code.
The learned counsel for the revisionist has relied on certain
-2- Cr. A.(DB) No. 632 of 2010 & analogous cases
judgments of the Hon'ble Supreme Court to impress upon us that this Court while exercising its revisional jurisdiction can call for the records to examine the propriety, legality or otherwise of any order passed by the trial Court.
At this stage, instead of deciding the issue whether Cr. Revision No. 741 of 2010 shall abate on death of Sakaldeep Gaur @ Raja Khatik, we would like to hear the main matter first and would permit the learned counsel for the revisionist in Cr. Revision No. 741 of 2010 to assist the Court.
Mrs. J. Mazumdar, the learned counsel who appears for the appellants in Cr. Appeal (DB) No. 632 of 2010 and Cr. Appeal (DB) No. 687 of 2010 has commenced her arguments.
Mrs. Vani Kumari, the learned counsel who has been appointed as Amicus to argue Cr. Appeal (DB) No. 632 of 2010 has already filed her written arguments.
Post these matters tomorrow, that is, 21.09.2021 under the same heading.
Part heard.
(Shree Chandrashekhar, J.) R.K. (Ratnaker Bhengra, J.)
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