Crl.M.C./150/2026 of WISLYBORN PALA Vs STATE OF MEGHALAYA AND ANR. on 29 July 2026

1. State of Meghalaya represented by the

Public Prosecutor, Govt. of Meghalaya.

2. Smti. Eragina Timung

The Complainant/Daughter of

Deceased Sessions Case No. 44 of 2013,

Arising out of Jowai P.S. Case No. 111 (8) 2009

Through the Investigating Officer of the case, C/o Officer-in-Charge, Jowai, Police Station, West Jaintia Hills District, Meghalaya.

……… Respondents

Coram:

Hon’ble Mr. Justice W. Diengdoh, Judge

Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance: For the Petitioner/Applicant(s) : Ms. P. Agarwal, LAC.

For the Respondent(s)

: Mr. E.R. Chyne, GA.

i) Whether approved for reporting in

Yes/No

Law journals etc.: ii) Whether approved for publication

in press:

Yes/No

Per W. Diengdoh, (J):

JUDGMENT AND ORDER (ORAL)

1. Heard Ms. P. Agarwal, learned Legal Aid Counsel for the applicant, who has submitted that the applicant has preferred an appeal before this Court against the impugned judgment and related order of sentence dated 25.08.2025 passed by the Court of the learned Sessions Judge, West Jaintia Hills District, Jowai in Sessions Case No. 44 of 2013, whereby, he was convicted and sentenced to undergo life imprisonment with fine of ₹ 5000/- (Rupees five thousand) only, and in default thereof, to undergo simple imprisonment of 3(three) months for an offence punishable under Section 302 IPC.

2. However, while preferring an appeal, a delay of 271 days has occurred, due to circumstances which is beyond the control of the applicant, being an illiterate person and belonging to a poor financial background, has no means to file an appeal or to engage a private counsel. As such, he could not prefer an appeal within the prescribed period of limitation. 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.

3. Mr. E.R. Chyne, learned GA appearing for the State respondent has no objection to the prayer for condonation of the delay.

4. 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 271 days in preferring the appeal is hereby condoned.

5. Registry is directed to diarize the appeal and list it for admission after 1(one) week.

6. Misc. Case disposed of.

(B. Bhattacharjee) (W. Diengdoh)

Judge Judge

Digitally signed by DARIKORDOR NARY Date: 2026.07.29 20:13:32 IST Signature Not Verified