Jharkhand High Court
Gudda Soren @ Guda Soren @ Gura Soren vs The State Of Jharkhand on 3 September, 2024
Author: Ananda Sen
Bench: Ananda Sen, Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (D.B.) No.5 of 2023
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Gudda Soren @ Guda Soren @ Gura Soren, S/o Kusum Soren
....Appellant(s).
Versus
The State of Jharkhand .... Respondent(s).
WITH
Criminal Appeal (D.B.) No.867 of 2023
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1.Sowan @ Shoban Hansda, S/o Lakhi Hansda
2.Babu Hansda @ Birhor, S/o Lakhi Hansda .... Appellant(s).
Versus
The State of Jharkhand ... Respondent(s).
........
CORAM : SRI ANANDA SEN, J.
SRI GAUTAM KUMAR CHOUDHARY, J.
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For the Appellant(s) : Mr. Arvind Kumar Choudhary, Advocate
Mrs. Rashmi Kumar, Advocate
For the State : Mr. Abhay Kr. Tiwari, A.P.P.
.........
05 /03.09.2024: I.A. No.5034 of 2023 in Cr. Appeal (D.B.) No.867 of 2023
This interlocutory application has been filed by the
appellants praying therein to condone the delay 348 days in
preferring this appeal.
2. Appellants have preferred this appeal through District
Legal Services Committee, Deoghar.
3. After going through the averments made in paras-3, 4, 5
and 6 of the interlocutory application and upon hearing the
parties, we are satisfied that sufficient cause has been shown for
condoning the delay caused in preferring this appeal. We are
inclined to allow this interlocutory application. Delay of 348 days
in preferring this appeal is condoned.
4. This interlocutory application stands allowed.
5. Admit.
6. The Trial Court Record has already been attached with
Criminal Appeal (D.B) No.5 of 2023.
I.A. No.8414 of 2024 in Cr. Appeal (D.B.) No.5 of 2023 &
I.A. No.5035 of 2023 in Cr. Appeal (D.B.) No.867 of 2023
7. These interlocutory applications have been filed by the
appellants, praying therein to suspend the sentence and release
them on bail during the pendency of these appeals.
8. The appellants have been convicted for the offence under
Section 302/34, 324/34 of IPC and Sections 3 & 4 of Prevention of
Witch (Daain) Practices Act in connection with Sessions Trial
No.55 of 2020. They have been sentenced to imprisonment for
life with a fine of Rs.10,000/- for the offence under Section
302/34 of IPC along with other sentences.
9. Heard, learned counsel for the appellants and learned
A.P.P. for the State and have gone through the impugned
judgment, the evidence and the Trial Court Records.
10. Opportunity was given to the State to oppose the bail,
which the State availed and opposed.
11. There is allegation against these appellants that they
entered the house of the deceased and branding the deceased to
be a witch assaulted her and her husband.
12. P.W.-1 is the informant and the eye witness of this case,
who is none, but the husband of the deceased. He stated that he
was called out of his house and Sowan @ Shoban Hansda gave a
blow on his head. When his wife came out, she was assaulted by
all the appellants with iron road. The informant supported the
prosecution case, which he stated in the fardbeyan, but while
going through the evidence of the Doctor, we find that the
Doctor found only one injury on the head of the deceased.
13. Considering that there is general and omnibus allegation
against all the accused and the medical evidence which suggest
that there is only one injury on the head, we are inclined to allow
these interlocutory applications. Accordingly, upon suspending
the sentence, the appellants, namely, Gudda Soren @ Guda Soren
@ Gura Soren [Criminal Appeal (D.B) No.5 of 2023], Sowan @
Shoban Hansda and Babu Hansda @ Birhor [Criminal Appeal
(D.B) No.867 of 2023] are directed to be released on bail during
the pendency of these appeals, on furnishing bail bonds of
Rs.10,000/- (Rs. Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Additional
Sessions Judge-VI, Deoghar in connection with Sessions Trial
No.55 of 2020 with a condition that the appellants shall appear
and mark their attendance before the Registrar, Civil Court,
Deoghar, once in every four months till the disposal of these
appeals.
14. Accordingly, I.A. No.8414 of 2024 in Cr. Appeal (D.B.) No.5
of 2023 & I.A. No.5035 of 2023 in Cr. Appeal (D.B.) No.867 of
2023 stand allowed.
(ANANDA SEN, J.)
(GAUTAM KUMAR CHOUDHARY, J.)
R.S.
