The State Of Telangana vs Kamble Nagarao
2022 Latest Caselaw 2959 Tel

           HONOURABLE SRI JUSTICE K.SURENDER

              CRIMINAL APPEAL No. 154 of 2020


JUDGMENT:

1. Learned Assistant Public Prosecutor submits that the

present appeal is filed seeking enhancement of the

punishment inflicted on the respondent/accused vide

judgment in S.C.No.76 of 2017 on 24.10.2019 by the learned

Assistant Sessions Judge at Adilabad.

2. The respondent/accused was convicted and sentenced to

undergo simple imprisonment for a period of five years for the

offence punishable under Section 306 of IPC and also

sentenced to pay fine of Rs.1,000/- and in default of payment

of fine, to under simple imprisonment for a period of three

months.

3. Learned Assistant Public Prosecutor submits that since

the conviction was recorded by the learned Assistant Sessions

Judge and the conviction being five years, the appeal must

have been filed before the District and Sessions Judge.

4. In the said circumstances, when the appeal is filed before

the concerned District and Sessions Judge, it is for the State

to seek enhancement in the said appeal.

5. For the aforesaid reasons, this Criminal Appeal is not

maintainable before this Court for the aforementioned reason

and the same is liable to be dismissed. Accordingly dismissed.

________________

K.SURENDER, J Date: 21.6.2022 tk/kvs

HONOURABLE SRI JUSTICE K.SURENDER

Criminal Appeal No.154 OF 2020

Date: 21.06.2022

tk/kvs