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.1460 OF 2017 BETWEEN:
SHABBEER AHAMAD S/O SHEK DASTHGEER, AGED ABOUT 40 YEARS, RESIDENT OF PAKEER PALYA, ASHOKA NAGARA, TUMAKURU TOWN-572 102. ... APPELLANT (By Sri: AHAMED S N, ADVOCATE) AND:
STATE OF KARNATAKA BY KYATHSANDRA POLICE STATION, THROUGH THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU -560 001. ... RESPONDENT (By Sri: P.M.NAWAZ, STATE PUBLIC PROSECUTOR) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) CRIMINAL PROCEDURE CODE BY THE ADVOCATE FOR THE APPELLANT-ACCUSED NO.2 PRAYING TO SET ASIDE THE JUDGMENT DATED 19.7.2017 AND 21.7.2017 PASSED BY THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU IN SESSIONS CASE NO.77 OF 2015 - CONVICTING THE APPELLANT (ACCUSED NO.2) FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 AND SECTION 120(B) READ WITH SECTION 34 OF IPC. THE APPELLANT (ACCUSED NO.2) IS SENTENCED TO UNDERGO IMPRISONMENT FOR LIFE AND PAY FINE OF RS.10,000/- EACH, FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 READ WITH SECTION 34 OF IPC. THE APPELLANT (ACCUSED NO.2) IS SENTENCED TO UNDERGO IMPRISONMENT FOR LIFE AND PAY FINE OF RS.5,000/- EACH FOR THE OFFENCE PUNISHABLE UNDER SECTION 120(B) READ WITH SECTION 34 OF IPC. IMPRISONMENT PERIOD AWARDED UNDER THE AFORESAID SECTIONS ON APPELLANT (ACCUSED NO.2) SHALL RUN CONCURRENTLY. IN DEFAULT OF PAYMENT OF FINE, APPELLANT (ACCUSED NO.2) SHALL UNDERGO SIMPLE IMPRISONMENT FOR 1 YEAR FOR THE SAID OFFENCES. THE APPELLANT (ACCUSED NO.2) 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 Office has raised an objection regarding maintainability of this appeal on the ground that the appellant herein had already filed Criminal Appeal No.1374 of 2017 against the very same order of conviction dated 19.07.2017 passed in Sessions Case No.77 of 2015 on the file of the VI Additional District and Sessions Judge, Tumakuru, which was admitted as far back as on 05.09.2017.
2. The appellant counsel has no answer.
3. Under these circumstances, office objection is upheld. The appeal is dismissed as not maintainable. In view of misusing the procedure of the Court, the appellant herein is directed to pay cost of Rs.5,000/- within one week from today. Call next week for compliance.
Memo dated 29.11.2017 is dismissed. Pending I.A. stands rejected.
Sd/- Sd/-
JUDGE JUDGE Bss.