MA NJ U N ATH, Sb. CHANNABASAVAYYA v. STATE BY NANJANGUD POLICE STATION, MYSORE DISTRICT

THE HON’BLE MR.JUSTICE A S PACHHAPURE CRIMINAL APPEAL NO.1482 OF 2007 BETWEEN: MA NJ U N ATH, Sb. CHANNABASAVAYYA, AGED ABOUT 37 YEARS, R/AT GUNDLU RIVER STREET, VAKKALIGERI, NANJANGUD TOWN, MYSORE. (BY SRI: H C SUN DARESH, ADV.) AND: STATE BY NANJANGUD POLICE STATION, MYSORE DISTRICT. .APPELLANT .RESPONDENT (BY SRI: N.S. SAMPANGIRAMAIAH, HCGP.) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) CR.P.C BY THE ADVOCATE FOR THE APPELLANT AGAINST THE JUDGMENT DT.13.12.2006 PASSED BY THE P.O., FTC-V, MYSORE IN S.C. NO.15/06 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3 & 6 OF THE D.P. ACT ‘I 2 AND UNDER SECTION 498-A IPC. AND SENTENCING HIM TO R.I. FOR A MINIMUM PERIOD OF 5 YEARS AND FINE OF RS.25,000/- WITH DEFAULT SENTENCE FOR A PERIOD OF 1 YEAR OF ThE OFFENCE PUNISHABLE UNDER Section 3 OF ThE D.P. ACT. AND FURThER SENTENCING HIM TO UNDERGO S.I. FOR 6 MONTHS FOR THE OFFENCE PUNISHABLE UNDER SECTION 6 OF THE D.P. ACT AND FURThER SENTENCING HIM TO UNDERGO R.I. FOR ONE YEAR AND FINE OF RS.1000/- WITH ID., SENTENCE FOR ONE MONTH OF THE OFFENCE PUNISHABLE UNDER SECTION 498-A READ WITH SECTION 34 IPC. THE SENTENCE OF IMPRISONMENT SO IMPOSED FOR ALL ThE THREE OFFENCES SHALL RUN CONCURRENTLY. THIS CRIMINAL APPEAL COMING ON FOR FINAL HEARING BEFORE ThE COURT THIS DAY, Dr.

BHAKTHAVATSALA 3., DELIVERED THE FOLLOWING: JUDGMENT This Is an appeal filed by the appellant who Is accused No.1 challengIng the judgment dated 13.12.2006 made In SC No.15/2006 convIctIng the appellant-accused for the offence punishable under SectIons 3 and 6 of Dowry ProhibItion Act and under Section 498A of IPC. The Trial Court after hearing the accused on the point of sentence has awarded rigorous ImprIsonment of five years and to pay a fine of Rs.25,000/-, In default of payment of fine to undergo sentence of Imprisonment for one year for the offence punishable under SectIon 3 of Dowry ProhibItIon Act; to undergo simple imprisonment for six months for the offence punishable under SectIon 6 of Dowry ProhIbItion 3 Act and to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/- in default of payment of fine to undergo sentence for one month for the offence punishable under Section 498A of IPC. The Trial Court has ordered that all the sentences run concurrently.

The appellant-accused was arrested during the course of investigation on 19.10.2005 and since then he was in judicial custody and the accused has served out the sentence as per the impugned judgment. Learned Counsel the appellant a memo for withdrawal of the appeal. Hence, the appeal is dismissed as withdrawn. Sd! Sd! JUDGE * bg n