JITLAL MAHATO Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B Prasad, learned counsel for the applicants/appellants. Also heard Ms. S Jehan, learned Additional Public Prosecutor, Assam.

(2.) The applicants/appellants were convicted under Section 302/201 IPC and were sentenced to undergo rigorous impriso-nment for life and a fine of Rs.10,000/- each for the offence under Section 302 IPC and rigorous imprisonment for 7(seven) years and a fine of Rs.5,000/- each for the offence under Section 201 IPC as per the judgment and order dated 19.7.2014 of the learned Additional Sessions Judge No.1, Kamrup (M) Guwahati in Sessions Case No.43(K)/2012. After the pronouncement of the judgment, the applicants continued to remain in custody and since then have been serving out their sentences. In the circumstances, the applicants have preferred the accompanying appeal against the judgment and order dated 19.07.2014. As there is delay of 1474 days in preferring the appeal, this interlocutory application has been filed for condoning the aforesaid delay.

(3.) In paragraph 4 of the additional affidavit filed by the applicants, a specific stand has been taken that after their conviction and while they were serving out their sentences, the Superintendent of Jail had not informed them about the period within which the appeal from the order under which they had been committed to jail may be filed. A stand has also been taken that the applicants were not aware that in case they choose to file an appeal, the jail authorities would provide all necessary assistance to provide the certified copies of the judgment, related documents from the Court concerned and would assist in writing the appeal and forward the same to the appellate court. Paragraph 4 of the additional affidavit is as under: