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Judgment
Heard Mr. S.P. Mahanta, learned Sr. counsel/Legal Aid Counsel assisted by Mr. N. Doungel, learned counsel for the applicant/convict, who has submitted that the applicant/convict has preferred an appeal before this Court against the impugned judgment dated 14.08.2025 and related order of sentence dated 28.08.2025 passed by the Court of the learned District & Sessions Judge, West Khasi Hills District, Nongstoin in Sessions Case No. 14 of 2021, whereby, he was convicted and sentenced to undergo imprisonment for life with fine of ₹ 3000/- (Rupees three thousand) only, for an offence punishable under Section 302 IPC. The applicant/convict is also sentenced to undergo rigorous imprisonment for a period of 5(five) years with fine of ₹ 1000/- (Rupees one thousand) only, and in default of payment of fine, to undergo simple imprisonment of 4(four) months for an offence punishable under Section 326 IPC.
However, while preferring an appeal, a delay of 284 days has occurred, due to circumstances which is beyond the control of the applicant/convict, being economically backward and illiterate, is not aware of his legal rights to file appeal or to engage a private counsel, as such, he could not prefer an appeal within the statutory period. Thereafter, legal aid was sought for, and accordingly, this application was processed through Legal Aid Counsel. It is therefore prayed that the delay be condoned and the appeal be admitted.
Mr. N.D. Chullai, learned AAG assisted by Mr. E.R. Chyne, learned GA appearing for the State respondent has no objection to the prayer for condonation of the delay.
On consideration of the submission made, we are persuaded to allow this application on being satisfied that the grounds cited for the delay contain sufficient cause. Accordingly, the delay of 284 days in preferring the appeal is hereby condoned.
Registry is directed to diarize the appeal and list it for admission after 1(one) week.
Misc. Case disposed of.