Janabai vs. The State Of Karnataka State Of Karnataka Deputy Superintendent Of Police

Court:Supreme Court of India
Judge:Hon'ble Hon'Ble The Chief Justice Ranjan Gogoi, Sanjay Kishan Kaul, K.M. Joseph
Case Status:Disposed
Order Date:10 Oct 2018
CNR:SCIN010134732010

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Order Issued After Hearing

Purpose:

Fixed Date by Court

Before:

Hon'ble Hon'Ble The Chief Justice Ranjan Gogoi, Hon'ble Sanjay Kishan Kaul, Hon'ble K.M. Joseph

Stage:

Criminal Matters : Appeal under Section 2 of the Supreme Court enlargement of jurisdiction Act

Remarks:

Dismissed

Listed On:

10 Oct 2018

In:

Judge

Category:

UNKNOWN

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Order Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S).1178 OF 2010

JANABAI APPELLANT(S)

VERSUS

STATE OF KARNATAKA RESPONDENT(S)

O R D E R

1. We have heard the learned counsels for the parties and perused the relevant material.

2. The accused-appellant who was acquitted by the learned trial Court of the charges under Sections 148, 302, 506, 342 and 436 read with 149 of the Indian Penal Code has been convicted by the High Court in an appeal filed by the State. Aggrieved, the present appeal has been filed by the accused.

3. Learned counsel for the accusedappellant, at the very outset, very fairly submits that the appeal filed by the coaccused against their conviction arising out of the same common judgment of the High Court has since been dismissed by this Court. A copy of the judgment and order of this Court dated 09.10.2015 passed in Criminal Appeal No.1126 of 2007 has been placed before us.

4. Having considered the matter, we are of the view that the case of the present appellant is identical to that of the coaccused, whose appeal has been dismissed by this Court by order dated 09.10.2015. Consequently, we deem it appropriate to dismiss the present appeal also.

5. It is stated at the Bar that the accused-appellant has completed over 14 years of imprisonment. If that be so, we direct the concerned District Legal Services Authority to offer legal aid to the appellant to enable her to file an appropriate application for her early release by remission of sentence etc., which prayer as and when made will be

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considered by the concerned authority in accordance with law.

6. With the aforesaid observations, the appeal is dismissed.

..................,CJI. (RANJAN GOGOI)

....................,J. (SANJAY KISHAN KAUL)

....................,J. (K.M. JOSEPH)

NEW DELHI OCTOBER 10, 2018

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ITEM NO.103 COURT NO.1 SECTION II-C

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Criminal Appeal No(s). 1178/2010

JANABAI Appellant(s)

VERSUS

STATE OF KARNATAKA Respondent(s)

Date : 10-10-2018 This appeal was called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE K.M. JOSEPH

  • For Appellant(s) Mr. S.K. Kulkarni, AOR Mr. M. Gireesh Kumar, Adv. Mr. Ankur S. Kulkarni, Adv.
  • For Respondent(s) Mr. Joseph Aristotle S.,Adv. Ms. Priya Aristotle, Adv. Mr. Shiva P., Adv. Ms. Aruna Hannah Dutta, Adv.

Ms. Anitha Shenoy, AOR (NP)

UPON hearing the counsel the Court made the following O R D E R

The appeal is dismissed in terms of the

signed order.

Pending application(s), if any, shall stand disposed of.

(ASHA SONI)
ASSISTANT REGISTRAR

(Signed order is placed on the file.)