TRIBHUVAN PARNAMI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this revision is to set aside the judgment dtd. 20/9/2022, passed by the lower appellate Court, vide which, the criminal appeal, filed by the petitioner challenging the judgment of conviction dtd. 4/10/2021 and order of sentence of the even date passed by the trial Court, whereby the petitioner was sentenced to undergo simple imprisonment for one year and to pay a compensation of Rs.6,50,000.00, was dismissed.

(2.) Learned counsel for the petitioner, at the very outset, submits that the petitioner has undergone his entire sentence of one year and now he is undergoing default sentence since 27/11/2022, in lieu of non-payment of aforesaid compensation. It is further submitted that the impugned judgment has been passed noticing the fact that neither the appellant/petitioner nor his counsel has appeared and there is a delay of 319 days in filing the appeal, therefore, the appeal was dismissed in limine.

(3.) Learned State counsel has filed the custody certificate, which reflects that the petitioner has undergone his entire sentence of one year and presently, he is undergoing default sentence, which has started from 27/11/2022.