IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14th DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL APPEAL NO.947 OF 2012 BETWEEN:
SHAIKH SHAHABUDDIN S/O MOHIDDIN, AGED ABOUT 34 YEARS, D.NO. 2977, SAJJAD STREET ROAD, MANDI MOHALLA, MYSORE. ... APPELLANT (By Sri: KALLEMULLAH SHARIFF, ADVOCATE-ABSENT) AND:
STATE OF KARNATAKA BY UDAYAGIRI POLICE STATION, UDAYAGIRI,MYSORE. ... RESPONDENT (By Sri: K.NAGESHWARAPPA, HCGP) THIS CRL.A FILED U/S.374(2) OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT OF CONVICTION AND SENTENCE PASSED BY THE 1ST FAST TRACK JUDGE, MYSORE IN S.C. No.206 OF 2010 DATED 15/6/2011 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S.379 IPC. APPELLANT/ACCUSED IS SENTENCED TO UNDERGO RIGOROUS IMPRISONMENT FOR 6 YEARS AND TO PAY FINE OF RS.5,000/-, IN DEFAULT OF PAYMENT OF FINE, TO UNDERGO FURTHER RIGOROUS IMPRISONMENT FOR 6 MONTHS FOR THE OFFENCE P/U/S 307 OF IPC.
***** THIS CRL.A COMING ON FOR HEARING THIS DAY, JOHN MICHAEL CUNHA J., DELIVERED THE FOLLOWING:
JUDGMENT This appeal is being listed for final hearing for the third time. On the previous two occasions, the appellant and his counsel have remained absent.
2.The learned HCGP submits that the appellant/accused has been convicted for the offence punishable under section 307 Indian Penal Code and has been sentenced to rigorous imprisonment for a term of six years and a fine of Rs.5,000/-. He has filed a memo to the effect that the appellant/accused has already served the sentence for a period of six years, two months, twenty two days and has earned remission of one year, twenty one days and hence he has been released on 23.05.2015 and the fine amount also has been paid. It is verified that the lower court records contains the endorsement for having paid the fine amount of Rs.5,000/- on 23.05.2015.
3. In view of the above and the learned counsel for the appellant having continuously remained absent indicating that the appellant is not interested in pursuing the appeal, the appeal is dismissed.
Sd/- JUDGE *mn/-