SUBRAMANI @ MANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Counsel for appellant absent. No representation. Appeal is of the year 2010 that was notified well in advance. It is listed under Final Hearing. Perused the order sheet. There are no grounds to adjourn the case. The absence of learned counsel for appellant is placed on record. The default of the appellant or his counsel to go ahead with the appeal is not treated the criteria for dismissing the appeal. But the matter, materials and the circumstances and the available evidence are perused and heard learned High Court Government Pleader and I proceed to dispose of the matter on merits.

(2.) Appeal is directed against the Judgment passed by the learned Presiding Officer, FTC-V, Bengaluru in S.C.No.154/2008 and S.C.No.667/2008 dated 28.04.2010 wherein the accused Nos.1 to 3 were convicted for the offence punishable under Sections 324 and 326 read with Section 34 of IPC. Accused Nos.1 to 5 were acquitted for the offence punishable under Sections 143, 148, 323, 307 read with Section 149 of IPC. Further accused Nos.4 and 5 were acquitted for the offence punishable under Sections 324, 326 read with Section 34 of IPC. After hearing on sentence, learned trial Judge sentenced accused Nos.1 to 3 to undergo rigorous imprisonment for one year and fine of Rs. 1,000/- each and in default of payment of fine to undergo simple imprisonment for period of three months for the offence punishable under Section 324 read with section 34 of IPC. Further to undergo three years rigorous imprisonment and to pay fine of Rs. 3,000/- each and in default of payment of fine to undergo simple imprisonment for period of nine months for the offence punishable under Section 326 read with Section 34 of IPC. No appeal preferred by the prosecution.

(3.) S.C.No.154/2008 and S.C.No.667/2008 are nothing but the resultant one of S.C.No.154/2008 as split charge sheet came to be filed in view of the abscondence of the accused. However, are disposed of by common judgment.