Sharanayya S/O Ramayya vs The State
2023 Latest Caselaw 9712 Kant

Karnataka High Court

Sharanayya S/O Ramayya vs The State on 7 December, 2023

Author: K Natarajan

Bench: K Natarajan

                                                  -1-
                                                           NC: 2023:KHC-K:9065
                                                        CRL.A No. 200052 of 2023




                           IN THE HIGH COURT OF KARNATAKA

                                     KALABURAGI BENCH

                     DATED THIS THE 7TH DAY OF DECEMBER, 2023

                                             BEFORE
                        THE HON'BLE MR JUSTICE K NATARAJAN


                        CRIMINAL APPEAL NO. 200052 OF 2023
              BETWEEN:

              SHARANAYYA S/O RAMAYYA
              AGE: 19 YEARS, OCC: DRIVER,
              R/O. IMADAPUR, TQ. SEDAM,
              DIST. KALABURAGI.

                                                                        ...APPELLANT
              (BY SRI. R.S. KADAGANCHI, ADVOCATE)

              AND:

              THE STATE THROUGH, SEDAM P.S.,
              TQ. SEDAM, DIST. KALABURAGI,
              BY ADDL. SPP, HIGH COURT OF KARNATAKA,
              KALABURAGI BENCH-585103.
Digitally
signed by B                                                           ...RESPONDENT
NAGAVENI      (BY SMT.ANITA M. REDDY, HCGP)
Location:
High Court
Of                   THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF
Karnataka     THE CR.P.C., PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE
              JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED
              10.01.2023    OF    IV-ADDL.      DISTRICT    AND   SESSIONS   JUDGE,
              KALABURAGI,        SITTING   AT     SEDAM,     IN   CRIMINAL   APPEAL
              NO.104/2015 AND CONFIRMING THE ORDER PASSED BY THE
              LEARNED JMFC SEDAM, IN C.C.NO.477/2011 DATED 20.11.2015
              AND ACQUIT THE APPELLANT HEREIN FOR THE CHARGES FOR
              WHICH HE HAS BEEN CONVICTED.
                               -2-
                                    NC: 2023:KHC-K:9065
                                    CRL.A No. 200052 of 2023




     THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                       JUDGMENT

Learned counsel for the appellant is absent.

Office has raised objection with regard to

maintainability of the appeal.

On perusal of the appeal papers, it would indicate

that the appeal is filed challenging the concurrent

findings of both the Trial Court and the First Appellate

Court. As against the concurrent findings recorded by

the Trial Court and the First Appellate Court, the

Criminal Revision Petition lies, but not the Criminal

Appeal. Hence, the Criminal Appeal is dismissed as not

maintainable.

However, liberty is granted to the appellant to file

Criminal Revision Petition.

NC: 2023:KHC-K:9065

Office is directed to return the documents to the

learned counsel for the appellant.

Sd/-

JUDGE

NB CT:SI