STATE OF JHARKHAND, Vs. KRISHNA KUMAR MAHTO

JUDGEMENT

(1.) Heard learned counsel for the appellant State, and learned counsel for the accused respondent.

(2.) This appeal has been filed for enhancement of sentence of the accused respondent, who has been convicted for the offences under Sections 304 and 201 of the Indian Penal Code. So far as the offence under Sec. 304 of the Indian Penal Code is concerned, the accused respondent has been sentenced to rigorous imprisonment for ten years with fine. The accused respondent has challenged his conviction and sentence, by filing a separate Criminal Appeal (DB) No. 620 of 2015, which has been admitted and pending in this Court. In the present appeal, the appellant State has also prayed for remitting back the case to the Trial Court, for re-framing of the charge under Sections 302, 201 / 34 of the Indian Penal Code. This appeal has been filed after the inordinate delay of 835 days, and for condoning this delay, I.A. No. 4407 of 2018 has been filed.

(3.) It is apparent from the impugned Judgment, as also from the record that initially the charge was framed only for the offences under Sections 304 / 34 and 201 of the Indian Penal Code, for which the accused respondent has been found guilty, convicted and sentenced by the Trial Court below. Admittedly, during the entire course of trial, there was no prayer by the prosecution to frame the charge under Sec. 302 of the Indian Penal Code. As such, it would not be appropriate to entertain the prayer for remitting the case back to the Court concerned for re-framing of the charge under Sections 302 / 34 and 201 of the Indian Penal Code at this stage, particularly, in this appeal, which has been filed after the inordinate delay of 835 days.