Durga Soren vs The State Of Jharkhand
2024 Latest Caselaw 5672 Jhar

Jharkhand High Court

Durga Soren vs The State Of Jharkhand on 12 June, 2024

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Cr. Appeal (SJ) No.455 of 2011

(Against the Judgment of conviction and order of sentence both dated 07.06.2011,
passed by learned Sessions Judge, Pakur, in S.C. Case No.71 of 2007).

       1.Durga Soren
       2.Rathi Murmu
       3.Devi Chand Murmu
       4.Bogai Soren @ Bogai Murmu ....                     Appellants
                                Versus
       The State of Jharkhand.         .....                Respondent
                                   PRESENT
           HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
                                        .....

For the Appellants : Mr. Ritesh Kumar, Advocate For the State : Mrs. Nehala Sharmin, SPP .....

By Court:- Heard learned counsel for the appellant and learned counsel for the State.

1. The Criminal appeal is directed against the Judgment of conviction and order of sentence both dated 07.06.2011, passed by learned Sessions Judge, Pakur, in S.C. Case No.71 of 2007, whereby the appellants have been convicted under Sections 504/34 and 323/34 IPC and appellant- Durga Soren has been convicted under Section 452 and 376/511 IPC.

2. From perusal of the counter-affidavit, it appears that appellant no.1 [Durga Soren] and appellant no.3 (Devi Chand Murmu) have died during pendency of the instant Criminal Appeal. Accordingly, the instant Criminal Appeal stands abated as against both of them.

3. Heard the learned counsel for the appellants Rathi Murmu and Bogai Soren @ Bogai Murmu who have been convicted for the offences under Section 323 and 504/ of the IPC. Learned counsel confines his argument on the point of sentence and they may be entitled to have benefit of Probation of Offenders Act.

4. Learned APP for the State has defended the impugned judgment of conviction and sentence.

5. Having considered the submissions advanced on behalf of both the sides, age antecedent of the appellant and overall fact and circumstance of the case this Court is of the view that the appellants are entitled to have benefit of Section 3 of the Probation of Offenders Act. Instead of sentencing them to undergo

sentence they are directed to be released on admonition. The instant Criminal Appeal is dismissed with modification of sentence.

Let L.C.R. along with a copy of this judgment be sent to the court concerned at once.

(Gautam Kumar Choudhary, J.)

Jharkhand High Court, Ranchi Dated 12.06.2024.

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