RANCHI, India, March 28 -- Jharkhand High Court issued the following order on Feb. 25:

1. The instant criminal appeal is directed against the judgment dated 10th September, 2003, passed by learned Additional Judicial Commissioner-II, Khunti in S.T. Case No. 19 of 2002, whereby and whereunder both the appellants have been held guilty for the offences under Section 397 of I.P.C. and sentenced to undergo rigorous imprisonment for 10 years. Whereas appellant-Balter Kandulna was also convicted under Section 304 Part-II of I.P.C. and sentenced to undergo rigorous imprisonment for 10 years along with fine of Rs.10,000/- under Section 304 Part-II of I.P.C. with default stipulation. Both the sentences of appellant-Balter Kandulna are directed to run concurrently.

2. Learned counsel for the appellants, without touching the merits of the judgment, has confined himself towards the quantum of sentence. It is submitted that appellant No.2-Pradeep Kandulna, has served the sentence awarded to him, total 10 years including remission and has been released from custody. Therefore, the appellant is not desirous to prosecute this appeal on merits.

So far appellant No.1- Balter Kandulna is concerned, he has also undergone about 5 years 10 months 17 days custody during trial and post-conviction and remission period is not included in the aforesaid custody period. The maximum sentence awarded to the appellant was 10 years in the year 2003 and more than 22 years have been elapsed from the date of occurrence and the appellant was granted bail in the year 2006. Since then, he has maintained the main stream of life and never involved in any criminal activities. Therefore, the appellant prays for modification of his sentence to the extent of imprisonment already undergone by him.

3. Per contra, learned A.P.P., controverting the aforesaid argument in respect of appellant No.1, has submitted that this is a case of robbery with murder therefore, no leniency in the matter of sentence should be taken and this appeal is fit to be dismissed.

4. For better consideration of the rival pleas taken by learned counsel for the respective parties, we have to take brief resume of the case.

Factual Matrix

5. The factual matrix giving rise to this appeal is that on 11.06.2000 at about 11:30 A.M., while informant Mod. Jakir was present in his house, he came to know from some local villagers that two persons had been assaulted and were lying injured near Karo River at Itam Basti. The informant along with other persons went towards place of occurrence and saw that his maternal brother Mod. Javed and one neighbour Imtiyaz were lying under pool of blood sustaining injuries and screaming under pain. Upon interrogation, Javed and Imtiyaz told the informant that they had gone to Loagadha Bazar and when reached near Karo River on motorcycle suddenly two persons having knife and pistol stopped them and assaulting by knife robbed Rs. 25,000/- from them. The informant with assistance of villagers took both the injured persons to R.M.C.H., where Mod. Javed Khan was declared dead and Imtiyaz was admitted for treatment.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=WSRFLpK7bpll%2Fzvq9H5YQmzzPt1lDt0szQfJn8vGjMhW3hIxC28lFa6P64UhmD8o&caseno=Cr.A(SJ)/1589/2003&cCode=1&cino=JHHC010202752003&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.