Jharkhand High Court
Suresh Ram vs The State Of Jharkhand & Others on 10 July, 2018
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M. P. No. 886 of 2017
Suresh Ram ...Petitioner
vs.-
The State of Jharkhand & others ......Respondents
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Petitioner : Mr. P. K. Mukhopadhyay, Adv.
For the Respondents : Mr. Sanjay Kumar, Adv.
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9/10.7.2018 This petition seeking leave to appeal in terms of Section 378(3) of the Code of Criminal Procedure is directed against the judgment of acquittal dated 16th October, 2015 passed by learned Additional Sessions Judge-III, Giridih in Sessions Trial Case 238 of 2011, which arose from Hirodih P. S. Case No. 25 of 2011, corresponding to G. R. No. 599 of 2011, whereunder the accused/opposite party nos. 2 to 4 were acquitted of the charges under Section 304-B/34 of the Indian Penal Code and alternative charge under Section 302/34 of the Indian Penal Code. However, in terms of the order dated 17th April, 2018 passed in Cr. M. P. No. 321 of 2018 and Cr. M. P. No. 637 of 2018, learned counsel for the petitioner is permitted to convert this petition into 'Acquittal Appeal'. Petitioner/appellant would also be required to file Interlocutory Application seeking leave to appeal in terms of Section 378(3) of the Code of Criminal Procedure in view of the ratio laid down by the Apex Court in the case of Satya Pal Singh Vrs. State of Madhya Pradesh and others reported in (2015) 15 SCC 613.
Let such correction be made at the relevant places in the main petition and in the Interlocutory Application seeking condonation of delay by learned counsel for the petitioner within a week.
Office to undertake fresh stamp reporting. Upon compliance/removal of the defects, if any, pointed out by the Stamp Reporter, let the matter be listed before the appropriate Bench.
(Aparesh Kumar Singh, J) (Ratnaker Bhengra, J) jk