PRAKASH CENTRAL JAIL HAZARIBAGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN all three accused faced the trial, namely, Babulal Mahto, Mahesh Sao and Jitan Mahto, appellant herein, for the charge of Section 302,394, 411 and 120B IPC. Jitan Mahto and Babulal Mahto stand convicted for the charge udner section 302,394 and 120B IPC and sentenced to life imprisonment under section 302/120B IPC and to imprisonment for 10 years under section 394 IPC. Both the sentences have been ordered to run concurrently. However, Mahesh Sao has been held guilty under section 411 IPC only and sentenced to 3 years. He has not preferred any appeal.

(2.) BABULAL Mahto preferred a separate appeal in this Court bearing Cr.Appeal (DB) No.1304/2004, which has been disposed of by this Court, vide order dated 28th November, 2011. Babulal Mahto, by that time, was released from jail after serving his sentence.

(3.) THE present appeal has been filed by Jitan Mahto @ Pagla. We have given piority to the instant appeal as the Registry has indicated the custody period of the appellant as 19 years 11 months and 18 days. Vide our last order, we directed the State Counsel to place on record the latest status of the custody period of the appellant from the concerned Superintendent of Central Jail, Hazaribagh. Mr.Panjak Kumar, learned State Counsel, after getting the required information from the concerned quarters, states that the appellant was released from the jail on 15.11.2011 after serving his sentence including remission earned by him.