State Of Jharkhand vs Murlidhar Sao ... ... Opposite Party
2023 Latest Caselaw 4264 Jhar

Jharkhand High Court

State Of Jharkhand vs Murlidhar Sao ... ... Opposite Party on 24 November, 2023

Author: Ambuj Nath

Bench: Ambuj Nath

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Cr. M.P. No. 694 of 2008

         State of Jharkhand                             ... Petitioner
                                   - Versus -
         Murlidhar Sao                                 ... ... Opposite Party
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CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

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For the Petitioner : None For the Opposite Party : Mr. Ajit Kumar, Advocate

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18/24.11.2023 Goga Rawani @ Sharwan @ Ganga Rawani had filed Cr. Appeal(D.B.) No.1079 of 2007 against the judgment of conviction and order of sentence dated 19.05.2004, passed by Sri Ashok Kumar Mishra, learned Additional Sessions Judge-FTC, Koderma in Sessions Trial No.60 of 1994, holding the petitioner guilty of offences under Sections 302/34 of the Indian Penal Code and thereby, sentencing him to undergo R.I. for life alongwith fine of Rs.10,000/- in default of payment of fine, he was further directed to undergo S.I. for one year.

When Cr. Appeal(D.B) No.1079 of 2007 was taken for hearing, it transpired that Goga Rawani @ Sharwan @ Ganga Rawani had jointly filed another appeal arising out of same impugned judgment vide Cr. Appeal(DB) No.1244 of 2004. Accordingly, notice was issued to the pairvikar Murlidhar Saw, who had sworn false affidavit, as to why appropriate action should not be taken against him.

Show-cause has been filed by Murlidhar Sao stating therein that Cr. Appeal(DB) No.1079 of 2007 was filed due to inadvertence. It has been stated in the show-cause that the appellant Goga Rawani @ Sharwan @ Ganga Rawani was in custody and he had given Vakatalnama jointly alongwith other appellants for which Cr. Appeal (DB) No.1244 of 2004 was filed. However, he had not communicated this fact to his family members and subsequently, family member of the appellant Goga Rawani @ Sharwan @ Ganga Rawani got fresh Cr.Appeal (DB) No.1079 of 2007 filed due to this mistake of the fact criminal appeal was filed twice.

Considering the aforesaid fact, show-cause filed by Murlidhar Sao is accepted. No action is required to be taken against him.

Accordingly, Cr. M.P. No.694 of 2008 stands disposed of.

(Ambuj Nath, J.) Jay/-