THIMMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused Nos. 1 and 2 in Sessions Case No. 23/1997 on the file of the learned Addl. District and Sessions Judge, Hassan have challenged in this appeal the Judgment and Order D/- 26th September, 2003 passed in the said case convicting these accused-appellants for the offence punishable under Sec. 372 r/w. Sec. 34, I. P. C. and sentencing each of them to undergo rigorous imprisonment for a period of five years and to pay fine of Rs. 2,000/- with default sentence of simple imprisonment for a period of another six months.

(2.) The present appeal was filed by accused-appellants on 25-11-2003 and it came to be listed for the first time on 8-12-2003. None represented the appellant on the said date. Therefore, it came to be adjourned to 6-1-2004 on which date, the learned State Public Prosecutor was directed to take notice on behalf of the respondent-State and the appeal came to be admitted, and records were called for.

(3.) Thereafter, the appeal did not see the light of the day till 12-3-2009 on which date the arguments were heard in part and the appeal was ordered to be listed on 13-3-2009 for further arguments. On 28-5-2009 this appeal came to be released from part heard. Thereafter, this appeal came to be listed on 30-6-2009, on which date, it was noticed that despite this appeal coming up for final hearing from 3-6-2009, on each date of hearing, the learned counsel for the appellants had remained absent and therefore, bailable warrants were ordered to be issued against the appellants for Rs. 10,000/- each requiring them to appear before this Court on 25-8-2009.