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2009 Supreme(Kar) 35

A.N.VENUGOPALA GOWDA, S.R.BANNURMATH
Nagarathna – Appellant
Versus
State By Gangammanagudi Police, Bangalore City – Respondent


Advocates appeared:
For the Appellant :Shekhar Naik, Advocate. For the Respondent: S.B. Pavin, State Public Prosecutor, C.V. Nagesh & Hasmath Pasha, Amiens Curian.

Judgment :-

S.R. Bannurmath, J.

This Court has received an unusual request from a female convict-Smt. Nagarathna, whose conviction and sentence of imprisonment for life along with other punishments, for the offences punishable under Sections 302, 120-B, 201 read with Section 34 of the Indian Penal Code, 1860, is pending consideration before this Court in this appeal.

2. The request of the convict/appellant is to permit her to withdraw the appeal unconditionally. Last week a similar request was made by another female Smt. Mamatha, who is appellant 2 (along with her husband appellant 1) in another independent Criminal Appeal No. 453 of 2008. In that case also, the convict/appellant had made a similar prayer to withdraw the appeal only so far as she is concerned.

3. Considering this prayer of Smt. Mamatha as strange especially the emphatic words in the application sent through the jail to the registry of this Court, that she is voluntarily seeking the withdrawal of her appeal and there is no pressure or force from anybody to do so, we directed the learned State Public Prosecutor to make enquiry in this regard with the jail authorities and the appellant/convict Smt. Mamatha. We were info









































































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