Janki Devi And Ors vs State of Jharkhand

In Criminal Appeal (D.B) No.860 of 2010 the appellant, namely, Janki Devi has suffered the judgment of conviction and the order of sentence of R.I for life under section 304-B r/w section 34 of the Indian Penal Code in Sessions Case No.204 of 2009.

The appellant is mother-in-law of the deceased.

An affidavit dated 01.12.2019 has been filed by the Superintendent, Central Jail, Dumka. This affidavit has been filed in compliance of the order dated 26.11.2019 by which a direction was issued to the Superintendent, Central Jail, Dumka to give details of remission earned by the appellant. Along with this affidavit convict's history ticket has been brought on record.

Mr. Vinay Kumar Tiwary, the learned A.P.P states that the appellant has earned remission of 929 days and the total period of custody with remission was 10 years 6 months 19 days and by Notification dated 26.05.2011 of the State Sentencing Review Board the appellant has been released on 10.06.2017.

The learned A.P.P states that in the light of paragraph no.(iii) of the Notification dated 26.05.2011 case of the appellant, a woman, and not covered by prohibition under section 433-A of the Code of Criminal Procedure, was considered and her case was found fit for her premature release.

It needs to be recorded here that this criminal appeal has remained pending for more than 2½ years even after the appellant was released by virtue of the order of the State Sentencing Review Board. In the mean-time, adjournments were granted by the Court for ascertaining the actual status of the appellant and filing affidavit.

Today also, no one appears for the appellant.

In view of the above, Criminal Appeal (D.B) No.860 of 2010 is dismissed for non-prosecution.

Criminal Appeal (D.B) No.538 of 2016

In Criminal Appeal (D.B) No.538 of 2016, the appellant, namely, Sushil Kumar Paswan has been convicted and sentenced to R.I for Ten years and fine of Rs.3,000/- under section 304-B of the Indian Penal Code in S.T. No.612 of 2009.

He is the husband of Sushila Devi, the deceased.

Ms. Nehala Sharmin, the learned A.P.P tenders a copy of the affidavit dated 04.12.2019 sworn by the Superintendent, Lok Nayak Jai Prakash Narayan Central Jail, Hazaribagh. Along with this affidavit convict's history ticket has been brought on record.

The learned A.P.P states that the appellant has remained in custody for 9 years 4 months and 6 days and for the period of his custody he has earned remission of 7 months and 25 days (235 days) and on completing sentence of 10 years, he has been released on 03.10.2018.

From the aforesaid, it is apparent that this criminal appeal has remained pending for over one year even though the appellant was released on completing the sentence inflicted upon him in S.T No.612 of 2009.

It also needs to be indicated that previously hearing of this criminal appeal was adjourned because no one appeared for the appellant and the learned State counsel had no information on actual status of the appellant. This is reflected in the order dated 02.12.2019.

Mr. Shekhar Prasad Sinha, the learned counsel for the appellant appears and states that the appellant does not intend to press this criminal appeal on merits.

The learned counsel for the appellant states that now this criminal appeal has been rendered infructuous.

Ordered accordingly.

Let a copy of this order be attached with the records of Criminal Appeal (D.B) No.841 of 2010.