DINESH TUDDU Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard, learned counsel for the appellant as well as learned Additional Public Prosecutor over I.A. No.30 of 2018 relating to condonation of delay in filing the appeal.

(2.) This appeal has been filed against the judgment of conviction dated 28.09.2016 and order of sentence dated 29.09.2016 passed in Sessions Trial No.93 of 2016/ 199 of 2007(S) by the Sessions Judge, Madhepura, convicting the appellant along with others under different heads and for that, other convicts have preferred Cr. Appeal (S.J.) No.361 of 2016, Cr. Appeal (S.J.) No.990 of 2016, which are pending since before.

(3.) As per Schedule-Part-VI, Rule-115(b) of the Limitation Act, the appeal before the High Court against the judgment of conviction and sentence is to be preferred within 60 days from the date of sentence in counting the period of limitation. The time consumed in getting the copy of the judgment impugned is to be excluded. Appeal has been filed on 02.01.2018 that means to say, approximately after one year, four months and four days. To condone the same, I.A.No.30 of 2018 has been filed.