LAXMI Vs. STATE

JUDGEMENT

(1.) THE above said Criminal Appeals are preferred by Accused Nos. 2 & 1 respectively in S.C. No.8/2007 on the file of the Principal District and Sessions Judge, Bijapur, wherein vide judgment dated 06.10.2009 the learned Sessions Judge has convicted the appellants/accused for the offence punishable under Section 302 r/w. 34 of IPC and sentenced them to undergo imprisonment for life and to pay fine of Rs.10,000/ - each, in default, to undergo Simple Imprisonment for 6 months for the said offence and also awarded a sum of Rs.10,000/ - as compensation to PW.3 under Section. 357 of Cr.P.C.

(2.) IN Crl. A. No. 3501/2010 there is a delay of 30 days in preferring the appeal, whereas in Crl. A. No. 200023/2015, there is a delay of 1895 days in preferring the appeal. This Court has already condoned the delay in Crl. A. No. 3501/2010 vide order dated 18.02.2010.

(3.) WE have carefully perused the affidavit filed in support of the application under Section 5 of the Limitation Act filed by Accused No.1 -Ashok, wherein it is stated that the appellant was in custody since 2.8.2006 and there was nobody to make arrangements for preferring the appeal. In fact, recently one A.I. Biradar, who met the appellant - Ashok and assured him that he will make arrangements to prefer appeal by engaging a counsel, and therefore, he could not file appeal in time.