IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 CRL.A.No. 766 of 2006() ----------------------- SC.141/2002 of ADDL. SESSIONS COURT (ADHOC), KALPETTA .................... APPELLANT: -------------- DASAN @ VISWAMBARAN, CONVICT NO.2872, CENTRAL PRISON, KANNUR. BY ADV. ARUN VALENCHERY(STATEBRIEF) RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTORS SRI.MOHAMMED ANZAR & SRI.NOBLE MATHEW THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. *********************** Crl.Appeal No.766 of 2006 ***************************** Dated this the 29th day of January, 2010 JUDGMENT BASANT, J. This Criminal Appeal is dismissed as unnecessary as the challenge in this appeal is being considered in Crl.Appeal No.1877 of 2006 filed by the same appellant against the same impugned judgment. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/- Crl.Appeal No.766 & 1877 of 2006 2 R.BASANT & M.C.HARI RANI, JJ. *********************** Crl.Appeal No.766 & 1877 of 2006 ***************************** Dated this the 27th day of January, 2010 ORDER BASANT, J. When these matters came up for hearing, it is noted that two appeals are preferred through the prison authorities against the very same verdict of guilty, conviction and sentence, ie. vide judgment dated 25.11.2005 in Sessions Case No.141 of 2002. Both have been preferred through the prison authorities and they are seen numbered also. Both appeals are seen admitted Crl.Appeal No.766 & 1877 of 2006 3 also. In one of them, ie. Crl.Appeal No.1877 of 2006, a counsel has entered appearance on behalf of the appellant. In the other, ie. Crl.Appeal No.766 of 2006, services of a State Brief Counsel has been made available to the appellant/accused. There is no representation for that counsel. We are, in these circumstances, satisfied that Crl.Appeal No.766 of 2006 does not have to be taken up separately for hearing and disposal. The same shall be closed after Crl.Appeal No.1877 of 2006 is disposed of. We are proceeding to hear the appellant's counsel Advocate Sachidananda Pai, engaged by the appellant/accused to prosecute Crl.Appeal No.1877 of 2006. 2. Call Crl.Appeal No.766 of 2006 when Crl.Appeal No.1877 of 2006 is taken up for disposal. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-