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 dt.26th September 2003 passed in the said case convicting these accused – appellants for the offence punishable under Sec.372 R/W Sec.34 IPC 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,