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2017 Supreme(Kar) 1545

K.N.PHANEENDRA
PRAKASH – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates Appeared:
For the Appellant :Sri. P. Mahadevaswamy, Advocate.
For the Respondent: Sri. K. Nageshwarappa, HCGP.

JUDGMENT :

K.N. Phaneendra, J.

At the outset, the learned counsel for the appellant has filed a Memo dated 02.06.2017, which reads thus :-

"The appellant herein has filed the appeals against conviction for the offences punishable under section 397 of IPC in both the appeals. It is submitted that the appellant herein does not intend to argue the appeal on merits but the appellant herein would like to argue the matter on sentence as such this Hon'ble Court be pleased to hear the appeal only on sentence and pass Judgment accordingly without touching the appeal on merits in the interest of justice."

2. In view of the memo filed and the submissions made, the learned counsel for the appellant is heard with regard to the sentence passed by the Trial Court in both the cases.

3. It is seen from the records of Crl.A. No. 699/2012 that appellant has filed the appeals against the judgment of conviction and sentence passed in SC No. 27/2011, for the offence punishable under section 397 of IPC. After holding him guilty, the Trial Court has convicted him for the offence punishable under section 397 of IPC and sentenced him to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 5,000/- a


















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