IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1559 OF 2010
ARISING OUF OF
SPECIAL LEAVE PETITION (CRL.) NO. 7020 of 2010
ARISING OUF OF
CRIMINAL MISCELLNEOUS PETITION NO. 16028 of 2010
STATE OF KARNATAKA
APPELLANT
VERSUS
THIMMAPPA@ CHANNARAJU AND ANR.
RESPONDENTS
ORDER
1.
Delay condoned.
2.
Leave granted.
3. We have heard the learned counsel for the appellant.
4. In the light of the fact that the respondentaccused has already completed his sentence, we see no reason to interfere with the order of acquittal. However, the learned counsel has forcefully argued that the imposition of a fine of Rs. 10,000/- payable to the accused by the State of Karnataka was not called for. We also see from the record that the delay in the hearing of the appeal was occsasioned partly due to the fact that the counsel for the accused had remained absent during several dates of hearing.
5. In this view of the matter, we feel that the award of compensation was not justified.
6. We, accordingly, modify the judgment of the High Court to the extent that costs of Rs. 10,000/- shall be deemed to be waived. Appeal is disposed of.
........................J [HARJIT SINGH BEDI] ........................J [C.K. PRASAD]
NEW DELHI
AUGUST 09, 2010.