MALLIKARJUN NINGAPPA RAGATI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THERE is no appearance for the appellants when the matter has reached and taken up for hearing though the appellants have appeared through their counsel and the cause list indicated the name of the learned counsel for the appellants. There was absolutely no representation on behalf of the appellants when the appeal had reached for final hearing. The learned counsel appearing for the appellants did not turn up to argue the matter though we waited for quite some time. This appeal being of the year 2003 and there being no representation on behalf of the appellants, we had no other alternative except to proceed with the matter in the absence of the learned counsel for the appellants for the reason that we cannot dismiss the criminal appeal for default. It is needless to point out that the criminal appeal cannot be dismissed for default and it has to be disposed of only on merits. Under the circumstances therefore, to be fair to the appellants, we thought it just and proper to appoint an Amicus curiae for the appellants to argue the matter and also to assist the Court in disposing of the appeal on merits. Under the circumstances, we deem it proper to appoint an amicus Curiae and accordingly, we appoint the learned counsel, Sri V. F. Kumbar to argue and to assist the Court as Amicus Curiae.

(2.) THE appellants herein were the accused nos. 1 to 3 before the trial Court. They are convicted by the trial Court for the offences punishable under Ss. 302 and 307 read with S. 34 of the Indian Penal Code, for having committed the murder of their brother, deceased-Sidramappa and attempting to commit murder of his wife Smt. Yallawwa P. W. 2, on account of their previous enmity with the deceased. They are sentenced to undetgo imprisonment for life for the offence under S. 302 read with S. 34 of indian Penal Code and to undergo rigorous imprisonment for seven years each, for the offence under S. 307 read with S. 34 of Indian Penal Code.

(3.) THE trial Court has however acquitted the accused Nos. 4, 7, 8, 9, 10 and 11 of all the offences charged against them. The accused Nos. 5 and 6 were not sent up for trial.