NINGAPPA, SRI. NINGAPPA, SRI. MANJUNATH AND SRI. SHEKHAPPA Vs. STATE OF KARNATAKA, BY KALAGHATAGI P.S., REPRESENTED BY SPP, HCCB

JUDGEMENT

(1.) THIS petition coming on for admission is considered for final disposal, having regard to the facts and circumstances. The petitioners were the appellants before the lower Appellate Court. The petitioners were convicted for the offences punishable under Sections 323, 324, 504, 506 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.', for brevity). The petitioners are challenging the summary dismissal of the appeal by the Court below for non -prosecution. It is noticed from the order sheet that the petitioners and their counsel have not been diligent in prosecuting the appeal and it is on account of total negligence of the matter, by the petitioners and their counsel, that the Court below by its order dated 11.06.2013, has held as follows:

(2.) THE law is well settled, in that, in interpreting the provisions of the Code of Criminal Procedure, 1973, insofar as hearing and dismissal of appeals are concerned, the Supreme Court has repeatedly laid down, as was stated in ., AIR 1996 SC 2439 , which was a Three Judge Bench decision, after digesting the case law, to the following effect.