IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 6TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL APPEAL NO.950 OF 2014 BETWEEN:
SHRI. AMBARISH S/O LATE NINGAPPA, AGED ABOUT 44 YEARS, PALAHALLY VILLAGE, SHRIRANGAPATNA TALUK, MANDYA DISTRICT, KARNATAKA STATE – 571 401. ... APPELLANT (BY SRI D.BASAVARAJAPPA, ADVOCATE-ABSENT) AND:
STATE OF KARNATAKA REPRESENTED BY SHRIRANGAPATNA POLICE PIN:571 438. ... RESPONDENT (BY SRI VIJAYAKUMAR MAJAGE, ADDL.SPP) THIS CRL.A IS FILED UNDER SECTION 374(2) OF CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED 19.06.2008 PASSED BY THE ADDITIONAL SESSIONS JUDGE, HOLDING C/C OF THE FAST TRACK COURT-III, MANDYA DISTRICT, MANDYA IN S.C.NO.14 OF 2007 – CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 498(A), 302 OF IPC. THE APPELLANT/ACCUSED IS SENTENCED TO UNDER TO RIGOROUS IMPRISONMENT FOR ONE YEAR AND PAY A FINE OF RS.FIVE THOUSAND FOR THE OFFENCE UNDER SECTION 498(A) OF IPC AND IN DEFAULT OF PAYMENT OF FINE TO UNDERGO RIGOROUS IMPRISONMENT FOR SIX MONTHS AND FURTHER, APPELLANT/ACCUSED IS SENTENCED TO LIFE IMPRISONMENT FOR THE OFFENCES UNDER SECTION 302 OF IPC AND PAY A FINE OF RS.FIFTEEN THOUSAND AND IN DEFAULT OF PAYMENT OF FINE TO UNDERGO RIGOROUS IMPRISONMENT FOR TWO YEARS.
***** THIS CRL.A. COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT The counsel for the appellant is absent.
2. A memo is filed by the learned counsel for the appellant, enclosing the copy of the letter of the High Court Legal Services Committee dated 13-9-2017 seeking withdrawal of this appeal based on the representation made to the Committee by the appellant. On considering the same, the appeal is dismissed as withdrawn.
SD/- SD/-
JUDGE JUDGE Rsk/-