SANDEEP PASI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Since both these appeals arise out of the same incident, they have been heard together and are being disposed of by this common Judgment.

(2.) Heard learned counsels for the appellants and learned counsels for the State in both these appeals.

(3.) The appellants in both these appeals were being tried together, but it appears from the impugned Judgment in Criminal Appeal No. 448 of 2010, that the appellant Sandeep Pasi, who was facing the trial along with the other two co-accused, after examination of two prosecution witnesses including the victim girl, escaped from the jail custody on 03.03.2007 after attacking the jail warden. Thereafter, he could be produced after his arrest only on 25.07.2008. As such the trial of this absconding accused was separated from the trial of the other co-accused persons facing the trial. In the meantime, two more witnesses P.Ws. 3 & 4, namely, Simi Pingua and Sini Munda, i.e., the friend and the mother respectively of the victim girl, were examined by the prosecution, but they could not be produced by the prosecution after the appearance of the appellant Sandeep Pasi. As such their evidences have not been considered in case of the appellant Sandeep Pasi. The fact also remains that the evidences of these witnesses are not of much relevance for the appellant Sandeep Pasi. All the other witnesses have separately been examined in Sessions Trial No.157 of 2006, the split up trial of the appellant Sandeep Pasi as well.