Jharkhand High Court
Kamal Pahan Alias Mahto And Ors vs The State Of Jharkhand on 17 January, 2017
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J.) No. 60 of 2017
1. Kamal Pahan @ Mahto
2. Kailash Munda @ Kailsh Munda
3. Ram Singh Munda
4. Jakha Munda ..... Appellants
Versus
The State of Jharkhand ..... Opp. Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Appellants : Mr. Gaurav, Advocate.
For the State : A.P.P.
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02/Dated: 17/01/2017
Four appellants have faced the trial in Sessions Trial No. 287/2013, in the court of learned Sri Rajesh Kumar No. 1, learned District & Additional Sessions Judge-I, Khunti, who under judgment dated 23.11.2016 has held the appellants guilty under Sections 147, 323 of the I.P.C. and Section 3 & 4 of the Prevention of Witch Craft Practices Act and further has awarded sentence to undergo R.I. for six months and fine of Rs. 1000/- for offence under Section 323 of the I.P.C. and further sentenced with R.I. with six months and fine of Rs. 1,000/- for the offence under Section 147 I.P.C., further sentenced with R.I. for three months and fine of Rs. 1,000/- for the offence under Section 3 of Prevention of Witch Craft (Daain) Practice Act, and further sentenced with R.I. for six months and fine of Rs. 1,000/- for the offence under Section 4 of the Witch Craft (Daain) Practices Act and all the sentences shall run concurrently and in default of payment of fine the convicts shall serve S.I. for two months for each offence separately. 50% of fine amount be given to victim under Section 357 Cr.P.C. as compensation amount.
The appeal is within time.
Admit.
Call for the LCR.
In the facts and circumstances, the provisional bail granted to the appellants under order dated 23.11.2016 in S.T. No. 287 of 2013 by the trial court is hereby confirmed, subject to the condition that the appellants shall deposit 50% of the fine amount before the trial court within four weeks.
Thereafter, the trial court, after deposition of the amount, shall issue notice to victim and on her appearance, after proper verification, shall release the aforesaid amount in favour of the victim.
(Anant Bijay Singh, J.) Sunil/