High CourtsDivision Bench

State Of Sikkim vs Jasbir Singh

Sikkim High Court · Decided on 26 February 2025 · Citation: (2025) 02 SIK CK 0959

HON’BLE JUDGES
Meenakshi Madan Rai, J · Bhaskar Raj Pradhan, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 302, 304(1)
CASE NUMBER
Criminal Appeal No. 17 Of 2023
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Judgment

5 paragraphs · 142 words

Meenakshi Madan Rai, J

The Respondent is present in person.

Mr. Rahul Rathi, learned counsel for the respondent submits that the conviction and sentence imposed by the learned Sessions Judge has already been undergone by the respondent. There is a communication No. 580/GOS/PRISON/2024 dated 13.12.2024 from the State Central Prison, Rongyek to the Registry of this Court stating so as well. Mr. Yadev Sharma, learned Additional Public Prosecutor, however, submits that the appeal filed by him is against the conviction and sentence under section 304 Part-I of the Indian Penal Code, 1860 seeking a conviction and sentence under section 302 instead.

In view of the situation, the learned Additional Public Prosecutor seeks time to consider whether the State would desire to continue with the appeal and seek instructions accordingly.

The respondent shall appear in person on the next date. List on 05-03-2025.