Gauri Shankar Dangi vs The State Of Jharkhand
2022 Latest Caselaw 1413 Jhar

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
               Cr. Appeal (SJ) No. 768 of 2006
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   Gauri Shankar Dangi                     ...   ...  Appellant
                                Versus
   The State of Jharkhand                  ...   ...    Respondent
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR

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   For the Appellants      :    Mr. Shravan Kumar, Advocate
   For the Respondent      :    A.P.P.
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   Order No. 12: Dated: 8 April, 2022
                          th

Mr. Shravan Kumar, learned counsel appearing on behalf of the appellants submits that the sole appellant Gauri Shankar Dangi was convicted in this case for the offence punishable under Section 398 of the Indian Penal Code and thereafter he was sentenced to R.I. for seven years.

Learned defence counsel Mr. Shravan Kumar, further pointed out that pursuant to the previous order dated 19.11.2018 a report was called for from the concerned authority of the jail about period of serving of the sentence by the appellant as awarded in the impugned judgment of conviction and the said report has been received from the Court of District & Additional Sessions Judge-I, Chatra.

From the perusal of the said report, it appears that the sole appellant Gauri Shankar Dangi has served his full sentence as awarded by the concerned court below and after serving the sentence he has been released.

Learned defence counsel Mr. Shravan Kumar, appearing on behalf of the appellant has submitted that in this view of matter that the appellant has already served full sentence of imprisonment as awarded by the learned trial court for the offence punishable under Section 398 of the Indian Penal Code, the appellant does not want to argue and to decide this case on merit and, therefore, it is urged on behalf of the appellant let this appeal be dismissed in view of the fact that the appellant has already served the sentence.

On the other hand, learned A.P.P. appearing on behalf of the State has submitted that in view of the submission advanced on behalf of the appellant let this appeal be dismissed. Having taken into consideration the aforesaid submission of the parties, it is found that the sole appellant was convicted for the offence punishable under Section 398 of the Indian Penal Code and after convicting, the said appellant was sentenced to undergo rigorous imprisonment for seven years and now from the report of the concerned authority, it appears that the sole appellant has already served the sentence and the appellant does not want to argue this case on merit and it is urged on behalf of the appellant let this appeal be disposed of accordingly.

In view of the aforesaid submissions, this appeal is dismissed.

(Navneet Kumar, J.) MM