IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 05TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL APPEAL No.1212 OF 2017 BETWEEN:
K.KUMAR SON OF MADHAVA, AGED ABOUT 30 YEARS, RESIDING AT BAGILMARI TEMPLE ROAD, MALENAHALLI POST, CHIKKAMAGALURU TALUK -577 101. ... APPELLANT (JUDICIAL CUSTODY) (BY SRI.H.R.NARAYANA SWAMY, ADVOCATE) AND:
STATE OF KARNATAKA CHIKKAMAGALURU RURAL, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU -01. ... RESPONDENT (BY SRI.P.M.NAWAZ, STATE PUBLIC PROSECUTOR) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF CRIMINAL PROCEDURE CODE PRAYING TO SET ASIDE THE JUDGMENT DATED 15.12.2015 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU IN SESSIONS CASE NO.84 OF 2014 – CONVICTING THE APPELLANT – ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF INDIAN PENAL CODE. THE APPELLANT-ACCUSED IS SENTENCED TO UNDERGO LIFE IMPRISONMENT AND TO PAY FINE OF RS.10,000/-. IN DEFAULT OF PAYMENT OF FINE, HE SHALL UNDERGO SIMPLE IMPRISONMENT FOR SIX MONTHS FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF INDIAN PENAL CODE. THE APPELLANT-ACCUSED PRAYS THAT HE BE ACQUITTED.
***** THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
J U D G M E N T Appellant’s counsel is absent even though the matter was called on two occasions.
2. Office note indicates that the appellant herein has already filed Criminal Appeal No.205 of 2016 against the very same order of conviction passed in Sessions Case No.84 of 2014 on the file of the II Additional District and Sessions Judge, Chikkmagaluru, which was admitted on 13.06.2016.
2. The appellant counsel has no answer.
3. Therefore, the second appeal by the same appellant challenging the same order is not maintainable. Therefore, filing of this appeal is nothing but an abuse of process of the Court. The appellant is therefore directed to pay cost of Rs.5,000/- within one week from today. Call next week for compliance.
Consequently, the appeal is dismissed as not maintainable.
Pending I.As. stand rejected.
Sd/- Sd/-
JUDGE JUDGE Bss.