Jharkhand High Court
The State Of Jharkhand vs Supay Champia @ Chara on 21 March, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
D.Ref. No. 03 of 2022
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The State of Jharkhand ... ... Appellant
Versus
Supay Champia @ Chara ... ... 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-State : Mr. Pankaj Kumar, PP;
Mrs. Priya Shrestha, Spl.PP
For the Respondent : None
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st
Order No. / Dated: 21 March 2023
This death reference has been registered pursuant to the
communication from the learned Sessions Judge, West Singhbhum at
Chaibasa vide letter dated 18th August 2022 for confirmation of the death
penalty awarded to the respondent.
No one appears for the respondent.
Mr. Pankaj Kumar, the learned Public Prosecutor states that vide
memo No. 3903 dated 20th August 2022, the Superintendent of Central Jail,
Ghagidih, Jamsehdpur has written a letter to the Secretary, DALSA, West
Singhbhum, at Chaibasa for providing legal aid to the respondent.
Let a copy of this order be communicated to the Member
Secretary, JHALSA who shall inform the learned Public Prosecutor about
desire of the respondent for availing legal aid.
Post this matter on 29th March 2023.
Rule 144 of the High Court of Jharkhand Rules, 2001 provides
that after scrutiny of the records received pursuant to the reference under
section 366 of the Code of Criminal Procedure, if the Registrar General of
this Court finds the records in order a date of hearing of the reference shall be
fixed which shall not be before the expiry of period of limitation for filing
appeal and shall at once cause a paper-book to be prepared.
Rule 146 further provides that six typed copies of paper-book
shall be prepared and immediately on receipt of the paper-book the Registrar
General shall cause one copy to be sent to the Advocate-General and one
copy to the accused's Advocate, the remaining four copies shall be retained
for the use of the Court.
-2- D.Ref. No. 03 of 2022
The very nature of the punishment imposed upon an accused and
rule 146 of the High Court of Jharkhand Rules, 2001 would make it clear that
a notice about listing of the death reference must be given to the
complainant/victim.
After incorporation of a proviso under section 372 of the Code
of Criminal Procedure, it becomes more so important for attaining the
legislative intendment to provide an opportunity to the complainant/victim to
appear, if so desires, in the pending death reference and the criminal appeal
filed by the accused who has suffered death penalty.
Therefore, it is desirable that the Court concerned while making
a reference under section 366 of the Code of Criminal Procedure for
confirmation of death penalty awarded upon the accused simultaneously
sends a copy of the letter written to the High Court of Jharkhand intimating
the Jharkhand State Legal Services Authority and the concerned Jail
Superintendent, about the reference made under section 366 of the Code of
Criminal Procedure so as to enable the accused to appear and file criminal
appeal against the judgment of conviction.
Let a copy of this order be forwarded to the Member Secretary,
JHALSA.
(Shree Chandrashekhar, J.)
(Ratnaker Bhengra, J.)
SB/Nibha
