RAMESHWAR DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE instant Interlocutory Application has been filed under Section 5 of the Limitation Act for condonation of 2828 days' delay in filing the Criminal Revision. It has been explained by the petitioner, who was convicted under Sections 498A/494/109 of the Indian Penal Code, that his conviction and order of sentence recorded by the S.D.J.M., Deoghar in P.C.R. No.124 of 1997, corresponding to T.R.No.288 of 1999 was affirmed in Criminal Appeal No.40 of 1999 on 04.12.2002 by the Addl. Sessions Judge.

(2.) THE learned Counsel submitted that during pendency of appeal both the parties compromised the matter outside the Court and thereafter since there was no source of livelihood, the petitioner went outside the State to work in Delhi where he stayed for long 10 years with his wife but without communication. THE petitioner was a poor man and he was compelled to leave the Station and when he returned back in the 1st week of September, 2010, he was arrested by the police on 25.09.2010 and was remanded back to judicial custody. THE mother and father of the petitioner was already dead. THE wife of the petitioner anyhow obtained certified copy of the judgment and it was made over to the lawyer for filing Criminal Revision, accordingly it was filed on 30.11.2010.