IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL APPEAL NO.297/2016 BETWEEN:
Vishwanath Poojary, S/o.Narayana Poojary, Aged about 53 years, R/o.Naduporattumane, Pilimogru village, Bantwal taluk, D.K.-574 153. …APPELLANT (By Sri.Kapil Dixit, Advocate) AND:
State of Karnataka, Through Bantwal Rural Police, Bantwal, Mangalore, D.K, Rep. by State Public Prosecutor, High Court Building, Bengaluru-560 001.
(By Sri.Chethan Desai, HCGP) ... RESPONDENT This Criminal Appeal is filed u/s.374(2) Cr.P.C., praying to set aside the Judgment & Order dt.13.8.2015 & sentence dt.17.8.2015 passed by the I Addl. Dist. & S.J, D.K, Mangalore in S.C.No.172/2012 – convicting the appellant/accused for the offence p/u/s.307 & 498(A) of IPC.
This Criminal Appeal coming on for hearing, this day, the Court delivered the following:
ORDER Heard Sri.Kapil Dixit, learned counsel for the appellant and the learned High Court Govt. Pleader and perused the records.
2. The accused/appellant is sentenced to undergo R.I for a period of three years for the offence punishable under Section 307 of IPC and a fine of Rs.3,000/-; in default to pay the fine, is directed to undergo further R.I for a period of two months. Further he is sentenced to S.I for a period of three years and a fine of Rs.5,000/-; in default, to undergo S.I for a period of three months for the offence under Section 498-A of IPC. Out of the fine amount, a sum of Rs.5,000/- is ordered to be paid to P.W.2 as compensation. The accused/appellant is granted the benefit of set off under Section 428 of Cr.P.C., in respect of the imprisonment during trial so far as the simple imprisonment is concerned.
3. Learned counsel for the appellant submits that the appellant/accused has been in judicial custody since the date of his arrest on 21.07.2012 and he has already served the entire term of imprisonment including the default sentence and hence, he does not intend to argue the appeal on merits.
4. Learned High Court Govt. Pleader points out that the trial Court has specifically noted in the impugned order that the accused has been in judicial custody since the date of his arrest, i.e., 21.07.2012. Further, the accused has not been admitted to bail by this Court and therefore, he has no objection to dismiss the appeal as sought for by the counsel for the appellant since the appellant has already served the sentence.
5. Having placed on record the submissions made by the parties, the appeal is dismissed. If the appellant Sri.Vishwanath Poojary is still in custody, he shall be released forthwith if not required in any other case.
The State Government is at liberty to recover the fine amount, if not deposited, in accordance with law.
Sd/- JUDGE bnv*