Sulendra Kherwar vs The State Of Jharkhand
2021 Latest Caselaw 3496 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Cr. Appeal (DB) No. 1485 of 2017

         Sulendra Kherwar                                     ---      ---   Appellant
                                            Versus
         The State of Jharkhand                        ---             ---   Respondent
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mrs. Justice Anubha Rawat Choudhary Through: Video Conferencing

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For the Appellant : Mr. Suraj Deo Munda, Advocate For the State : Mr. Satish Prasad, A.P.P.

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07/20.09.2021 Learned counsel for the appellant Mr. Suraj Deo Munda undertakes to file a supplementary affidavit to remove the surviving defect no.8 which is as under :-

8. Appellant earlier moved in B.A. No.2989/2017 but not mentioned in para no.2.

We have heard learned counsel for the parties on the prayer for condonation of delay of 30 days in preferring the instant memo of appeal made through I.A. No.7080/2017.

On being satisfied with the grounds urged and on consideration of the submissions, delay is condoned. I.A. No.7080/2017 stands disposed of.

Appellant along with two co-convicts namely Ashok Mahto and Mohan Kherwar @ Mohan Singh have been convicted for the offences punishable under Sections 302/34 of the I.P.C. vide impugned judgment dated 05th May 2017 passed in S.T. Case No.127/2016 by the court of learned Sessions Judge, Lohardaga and all the three convicts have been sentenced to undergo imprisonment for life with a fine of Rs.10,000/- and a default sentence vide impugned order of sentence dated 09.05.2017.

It appears from the impugned judgment that the convict Mohan Kherwar @ Mohan Singh managed to abscond on the date of the judgment.

Admit.

Call for the lower court records from the court of learned Sessions Judge, Lohardaga in connection with S.T. Case No.127/2016.

Let the name of Mr. Satish Prasad appear in the cause list henceforth in place of erstwhile A.P.P. Mr. Vikash Kishore.

Learned A.P.P. would seek instructions as to whether the absconder convict Mohan Kherwar @ Mohan Singh has been apprehended or not.

Let an affidavit to that effect be filed within a period of four weeks. Office to verify whether the other convict Ashok Mahto son of Sri Bulu Mahto has preferred any appeal.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Shamim/