Umapad Mahto vs The State Of Jharkhand
2024 Latest Caselaw 9851 Jhar

Jharkhand High Court

Umapad Mahto vs The State Of Jharkhand on 3 October, 2024

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

                          Cr. Appeal (S.J.) No. 2040 of 2004
   (Against the judgment of conviction and order of sentence dated 27.11.2004 passed
     by learned Addl. Sessions Judge, FTC-VII, Dhanbad in S.T. No. 156 of 2003)
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Umapad Mahto, S/o Dhiraj Mahto, R/o Village Bandhdih, PS Katras, District Dhanbad ... .... Appellant Versus The State of Jharkhand ... .... Respondent

PRESENT CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Appellant : Mr. Prabhas Chandra Jha, Advocate For the State : Mr. B. Shastri, APP

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By Court :

Heard the parties

1. The judgment of conviction and order of sentence under Section 354 of Indian Penal Code is under challenge in the instant appeal.

2. Learned counsel for the appellant has confined his argument on the point of sentence. He has submitted that at the time of judgment passed by the Trial Court, the appellant was 35 years of age in 2004 and about twenty years have elapsed since the said judgment of conviction and sentence. He has already undergone for more than two months of imprisonment in this case.

3. Learned counsel for the State has defended the impugned order of sentence.

On the point of sentence, considering the age, antecedent and over all facts and circumstance, the sentence of imprisonment for the period already undergone will meet the ends of justice.

This Criminal Appeal is dismissed with the aforesaid 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, the 3rd October, 2024 NAFR/ AKT/Satayendra

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