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2021 Supreme(Kar) 469

H.P.SANDESH
BANDENAWAJ S/O. ABDULSAB JAMADAR – Appellant
Versus
STATE OF KARNATAKA THROUGH SHO. , ADARSH NAGAR POLICE STATION VIJAYAPURA REP. BY THE ADDL. PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA KALABURAGI BENCH – Respondent


Advocates Appeared:
For The Appellant :SRI R.S.LAGALI, ADVOCATE
For The Respondent: SRI GURURAJ V. HASILKAR, HCGP

ORDER :

This revision petition is filed under Section 397 read with Section 401 of Cr.P.C., praying this Court to set aside the judgment and order dated 15.03.2021 passed in Criminal Appeal No.24/2020 by the III Additional Sessions Judge, Vijayapura in dismissing the appeal preferred by the petitioner on the count of delay and thereby confirming the judgment and order of conviction dated 20.11.2017 passed in C.C.No.1793/2014 by the V Additional Civil Judge & JMFC -IV Court, Vijayapura, for an offence punishable under Section 58 of the Karnataka Prisons Act, 1963 and acquit the petitioner and grant such other relief as deemed fit in the facts and circumstances of the case.

2. The factual matrix of the case is that this petitioner along with accused Nos.2 and 3 were tried and convicted in Sessions Case No.206/2005 by the Additional Sessions Judge, Vijayapura for the offences punishable under Sections 302, 304 Part II of IPC and this petitioner was sentenced to undergo life imprisonment and to pay a fine of Rs.2,000/-in default of payment of the fine amount to further undergo simple imprisonment for six months. The petitioner had preferred Criminal Appeal No.664/2007 before this Court a

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