Budhan Bhuian And Others vs The State Of Jharkhand
2022 Latest Caselaw 5031 Jhar

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                (Criminal Appellate Jurisdiction)

                     Cr.Appeal (DB) No. 1289 of 2018
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Budhan Bhuian and others .... ... Appellants Versus The State of Jharkhand .... .... Respondent

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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA

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     For the Appellant          : Ms. Shivani Jaluka, Amicus
     For the State             : Mr. B.N.Ojha,APP
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Order No.20/ Dated:12 December 2022

This matter has come on Board in view of the direction issued by this Court in paragraph No.17 of the judgment in Cr. Appeal (DB) No. 1289 of 2007.

In the aforementioned criminal appeal, this Court has issued a direction to the Member Secretary, Jharkhand State Legal Services Authority to ensure that Jhalia Devi, who was wife of the deceased, is paid compensation under the Victim Compensation Scheme, under section 357-A of the Code of Criminal Procedure.

Ms. Shivani Jaluka, the learned Amicus draws attention of this Court to the letter dated 17th March 2021, in pursuance of which the present matter has been listed before us.

The learned Amicus has further stated that through the letter dated 12th March 2021 the Principal District & Sessions Judge-cum- Chairman District Legal Services Authority, Palamau at Daltonganj sent an information to the Member Secretary, JHALSA that Jhalia Devi has passed away on 5th December 2019 and for that reason, the amount of compensation to the tune of Rs. 3,00,000/- (Rupees Three Lakhs Only) could not be given to her.

From the letter dated 12th March 2021 it appears that Jhalia Devi has two sons and one daughter.

Accordingly, it is ordered that the Principal District & Sessions Judge-cum-Chairman District Legal Services Authority, Palamau at Daltonganj shall obtain details of the surviving legal heirs of Jhalia Devi so

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that the compensation amount can be paid to them.

Let a copy of this order be sent to the Principal District & Sessions Judge-cum-Chairman District Legal Services Authority, Palamau at Daltonganj.

Post this matter on 25th January 2023.

Before the next date of hearing, the Principal District & Sessions Judge-cum-Chairman District Legal Services Authority, Palamau at Daltonganj shall transmit complete details of the surviving legal heirs of Jhalia Devi.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.) SB/Nibha