Jharkhand High CourtRam Chandra Chauhan vs State Of Jharkhand on 31 July, 2012Author:R. K. MerathiaBench:R. K. Merathia,D. N. UpadhyayCriminal Appeal (D.B.) No. 1659 of 2003
                              with
                  Criminal Appeal (D.B.) No. 1447 of 2003
                              with
                  Criminal Appeal (D.B.) No. 1479 of 2003
                              ---

            Against the judgment of conviction dated 04.9.2003 and order of
            sentence dated 12.9.2003 passed by Shri Kumar Kamal, Additional
            Sessions Judge, F.T.C. I, Bermo at Tenughat in Sessions Case No. 65
            of 2000.

            Ram Chandra Chauhan                     ...          ...    Appellant
                                            (in Cr. Appeal (DB) No. 1659/03)
            Khirodhar Mahato @ Goberdhan Mahato...        ...      Appellant
                                            (in Cr. Appeal (DB) No. 1447/03)
            Kullu Sao                       ...           ...      Appellant
                                            (in Cr. Appeal (DB) No. 1479/03)

                                     Versus
            The State of Jharkhand                ...           ...     Respondent
                                ---
            For the Appellants
            (in Cr. Appl. (DB) 1659/03): Mr. Atanu Banerjee,
            (in Cr. Appl. (DB) 1659/03): Mr. Gopal Krishna Sinha & Devesh
                                            Krishna
            (in Cr. Appl. (DB) 1659/03): Mr. Mahesh Kumar Sinha, Advocate.
            For the Respondent : Additional Public Prosecutor
                                ---
                                PRESENT
                  HON'BLE MR. JUSTICE R. K. MERATHIA
                  HON'BLE MR. JUSTICE D. N. UPADHYAY

                             ---
By Court:               This appeal has been filed against the judgment ofconviction dated 4.9.2003 and order of sentence dated 12.9.2003
            passed by the learned the Additional Sessions Judge, F.T.C. I, Bermo
            at Tenughat in Sessions Case No. 65 of 2000 convicting the appellants
            underSections 396of I.P.C. and sentencing them to undergo R.I. for
            life. Appellant Khirodhar Mahato and Ram Chandra Chauhan have
            also been convicted underSection 412of I.P.C. and have been
            sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 2,000/-.
            However, both the sentences were directed to run concurrently.2.          After   hearing   learned   counsels   appearing   for   the
            appellants in all the cases and the counsel for the State at length and
            after going through the records, when we expressed that we are not
            inclined to interfere with the impugned judgment, it was submitted that
            at least, the appellants may be heard on the question of sentence.3.             Heard learned counsels appearing for the appellants on
                  the question of sentence. It was submitted that Khirodhar Mahato has
                  remained in jail for about 11 years. Appellant Ram Chandra Chauhan
                  has remained in jail for about 12 years. Appellant Kullu Sao is said to
                  has remained in jail for about 7 years. It is submitted that since this
                  matter relates to year 1998 and the appellants have suffered the
                  prosecution for all these years apart from the said imprisonment, at
                  best they may be awarded the minimum punishment of 10 years.4.             Counsel for the State opposed such prayer.5.             After hearing the parties on the question of sentence, we
                  are inclined to reduce the sentence to the minimum period of 10 years
                  underSection 396and412of I.P.C. However, we are not inclined to
                  interfere with the judgment of conviction of the appellants.6.             In the circumstances, the bail bonds of appellants -
                  Khirodhar Mahato and Kullu Sao is cancelled and they are directed to
                  surrender in the trial/successor court within three weeks. If appellants- Khirodhar Mahato and Ram Chandra Chauhan has completed the
                  period of custody of ten years, they will be released, if not wanted in
                  any other criminal case. Appellant - Kullu Sao will be released after
                  completion of his sentence, if not wanted in any other criminal case, in
                  accordance with law. The period undergone in jail by the appellants
                  will be set off from the sentence awarded to them.7.             Let the lower court records be sent back immediately by
                  Special Messenger at the cost of any of the appellants, who are on
                  bail.With the aforesaid observations and directions and
                  modification in the sentence, these appeals along with all the I.As. are
                  dismissed.(R. K. Merathia, J.)



                                                         (D. N. Upadhyay, J)

Jharkhand High Court at Ranchi
The 31st day of July 2012
R.Shekhar/NAFR/Cp.3.