Mahendra Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 1345 of 2016 Mahendra Sharma S/o Shri Kuldeep Sharma Aged About 40 Years R/o Village Sohda, Police Station Barun, District Aurangabad, Bihar, Civil And Revenue District Aurangabad, Bihar ---- Appellant

Versus

The State Of Chhattisgarh Through Police Station Ramanujganj District Balrampur Ramanujganj, Chhattisgarh ---- Respondent CRA No. 614 of 2017 Mahendra Sharma S/o Shri Kuldeep Sharma, Aged About 40 Years R/o Village Sohda, Police Station Barun, District Aurangabad, Bihar., Bihar ---- Appellant

Versus

State Of Chhattisgarh Through Police Station Ramanujganj, District Balrampur Ramanujganj, Chhattisgarh., Chhattisgarh ---- Respondent CRA No. 1828 of 2019 Mahendra Sharma S/o Kuldeep Sharma Aged About 40 Years R/o Village - Sohda, Police Station Barund, District - Aurangabad ( Bihar ), District : Aurangabad, Bihar ---- Appellant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Ramanujganj, District - Balrampur - Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh ....Respondent For Appellants :

Mr. A.K. Prasad and Mr. Sudhir Kumar Bajpai, Advocates for the respective appellants For State :

Mr. K.K. Singh, Government Advocate DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Judgment On Board by Manindra Mohan Shrivastava, J.

19.01.2021 Heard.

1.

Appellant/ Mahendra Sharma was convicted in Sessions Trial No.152/2012 vide judgment dated 22/09/2016 against which he filed Criminal Appeal No.1345/2016.

2.

Appellant/Mahendra Sharma was also convicted for double murder in Sessions Trial No.153/2012 vide judgment dated 31.01.2017 against which he filed Criminal Appeal No.614/2017.

3.

It appears that filing of the aforesaid appeal No.614/2017 was not brought to the notice of the Legal Aid Committee and therefore, another appeal has been filed by Mahendra Sharma through Legal Aid against judgment of conviction and order of sentence passed in Sessions Trial No.153/2012 whereas in this regard Criminal Appeal No.614/2017 has already been filed and pending. 4.

In that view of the matter, Criminal Appeal No.1828/2019 is disposed off. Except this, challenge to the conviction and sentence will be examined in Criminal Appeal No.614/2017.

5.

Criminal Appeal No.1345/2016 and Criminal Appeal No.614/2017 be listed for final hearing.

6.

Considering that the appellant has undergone more than 7 years of jail sentence by now, hearing of the two appeals are expedited and appeals be listed for final hearing as expedited matter.

Sd/- Sd/- (Manindra Mohan Shrivastava) (Vimla Singh Kapoor) Judge Judge Rekha