GANSA PAHARIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant, Mr. Ranjan Kumar Singh assisted by learned counsel, Shashi Kant Thakur and learned A.P.P. for the State Ms. Priya Shreshtha on the prayer for suspension of sentence made through I.A. No. 5850 of 2019.

(2.) These three appellants, namely, Gansa Paharia, Ganga Ram Paharia and Sita Ram Paharia along with Srinath Paharia have been convicted by the impugned judgment of conviction dated 6th September, 2018 passed by Additional Sessions Judge-I, Pakur in Sessions Trial No. 55 of 2013 and split up sessions trial for the offence committed and punishable under Sections 449,302 and 201 of I.P.C read with Section 34 of I.P.C and Sections 3 and 4 of Prevention of Witch Practices Act and have been sentenced to undergo R.I. for 5 years each under Section 201 read with Section 34 of I.P.C with a fine of Rs. 500/- and a default sentence; R.I. for 10 years each for the offence committed and punishable under Section 449 read with Section 34 of I.P.C with a fine of Rs. 1,000/- each and a default clause; R.I for life for the offence committed and punishable under Section 302 read with Section 34 of I.P.C. with a fine of Rs. 1,000/ and a default sentence. Appellants have further been convicted S.I for 1 month each under Section 3 of Prevention of Witch Practices Act with a fine of Rs. 1,00/- and S.I for 2 months each with a fine of Rs. 200/- each for the offence committed and punishable under Section 4 of Prevention of Witch Practices Act.

(3.) Learned counsel for the appellants has submitted that co-convict, Srinath Paharia has been enlarged on bail by a Coordinate Bench of this Court by order dated 13th May, 2019 in Cr.Appeal(D.B) No. 163 of 2019 and the case of the appellants stands on similar footing to that of co-convict. Learned counsel for the appellants has submitted that the appellant nos. 1 and 2 are in judicial custody since beginning i.e. 10.09.2012, whereas appellant no. 3 is in judicial custody since 14.04.2015. As such, appellants may be enlarged on bail during pendency of this appeal.