- (1.) In all the two appeals there are three appellants, namely, Lothro Hembram @ Lethro Hembram son of Late Kesho Hembram. Bidio Hembram and Chotka Hembram both sons of Lothro Hembram, all residents of village Ormo, P.S. Gopikandar, District Dumka. They suffered conviction for the charges under Section 302 of the Indian Penal Code and sentenced to life vide judgment of 2nd Addl Sessions Judge, Dumka, dated 16.03.2002. Aggrieved of the said judgment, they, at one point of time, filed Cr. Appeal No. 194 of 2002, which was admitted by the Court vide order dated 10.06.2002 and thereafter vide order dated 12.08.2002 prayer for suspension of sentence of all the three appellants was declined.
(2.) Mr. Rajeev Sharma (now learned Sr. Advocate) had appeared for all the three appellants. He states that all the three appellants were apprised of the admission of the appeal and even the outcome of their prayer for suspension of sentence through Mr. Himesh Patwari, Advocate of his Chambers.
(3.) It so happened that after the lapse of two years all the three appellants filed another appeal through jail, which was registered as Cr. (Jail) Appeal No. 1330 of 2004. The application moved by the appellants indicates that they had earlier not filed any appeal in this Court. Even for the purpose of condonation of delay, certain ground has been spelled out in that application.;