PORUMAMILLA RAMAKRISHNA Vs. STATE

JUDGEMENT

(1.) The petitioner assails the order dated 19-1-1999 passed by the learned ii Additional Sessions Judge, Cuddapah, in criminal Appeal No. 77 of 1997.

(2.) The petitioner is the second appellant in the said appeal. He along with the first appellant filed that appeal assailing the conviction and sentence passed against them by the Munsif Magistrate, Rajampet, in CC No. 226 of 1994 by his judgment dated 4-4-1997. Both the accused were convicted for the offence punishable under section 29 (4) (a) (i) of the Andhra Pradesh forest Act read with Rules 3 and 4 of sandal Wood and Red Sandal Wood Transit rules, 1969, and sentenced to suffer simple imprisonment for six months each and sentenced further to pay a fine of Rs. 500.00 each and in default to suffer one month simple imprisonment each. Having been aggrieved by the said conviction and sentence passed against them, they filed the Criminal appeal No. 77 of 1997.

(3.) It appears that for the absence of the petitioner before the appellate Court, a warrant was ordered to be issued against him for his apprehension and the same was pending execution. While things stood thus, learned II Additional Sessions judge passed by the following order in the appeal:"al is called absent, NBW of A2 returned unexecuted. No representation for the appellants, hence appeal is dismissed confirming the judgment of the lower Court. "as aforesaid, A2 in the case is assailing the said order.