SANJAY KACHAP @ SAWNA ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The applicant -appellant namely, Sanjay Kachap @ Sawna Oraon along with his two co -accused namely, Nandu Oraon and Pajhra Oraon stand convicted for the charge under Section 302 IPC, Section 3/4 of the Prevention of Witchcraft Act and Section 27 of the Arms Act, vide impugned judgment of learned District & Additional Sessions Judge -I, Gumla, dated 28 -30/06/2014. The applicant - appellant is stated to be in custody since February, 2011.

(2.) Mr. Chaturvedi, learned counsel appearing for the applicant - appellant at the very outset submitted that the aforesaid two co -convicts of the applicant -appellant have already been granted concession of suspension of sentence by this Court vide two different orders dated 02.02.2015 passed in Cr. Appeal (DB) No.541 of 2014 and dated 23.07.2015 passed in Cr. Appeal (DB) No. 635 of 2014.

(3.) He further submitted that while granting the bail to the co -accused Nandu Oraon, this Court in its order dated 23.07.2015 has also referred to the prosecution evidence in brief, which convinced the Court for granting bail to the aforesaid co -accused. He once again has taken us through the weaknesses of the prosecution case in order to press the instant application vehemently and stated that the eye version account on account of all those vital flaws crept in the case of the prosecution makes the prosecution case doubtful. He further submitted that the present appeal is of the year 2014 and is not likely to be heard on account of heavy pendency of other appeals pending on the Board of this Court for their disposal, in which the convicts are languishing in jail even for more than 10 years. He states that in this eventuality, there appears to be no likelihood of hearing the instant appeal and the connected appeals in near future.