IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 CRL.A.No. 1038 of 2008() ------------------------ SC.396/2001 of ADDL. SESSIONS COURT (ADHOC), KOLLAM CP.163/1999 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... APPELLANT(S): ----------------------- FRANCIS,C.NO.1825, CENTRAL PRISON, TRIVANDRUM. BY ADV. SRI. ARAVINDA KUMAR BABU (STATE BRIEF) RESPONDENT(S): ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.Appeal. No.1038 of 2008 ------------------------------------- Dated this the 19th day of November, 2008 JUDGMENT It is pointed out that already an appeal has been preferred by the appellant through counsel and the same is pending as Crl.Appeal No.2065 of 2006. The learned counsel for the appellant in Crl.Appeal No.2065 of 2006 submits that he has instructions and wants to prosecute Crl.Appeal No.2065 of 2006. In these circumstances, I am satisfied that no further steps are necessary in this Crl.Appeal submitted through prison authorities. In view of the pendency of Crl.Appeal No.2065 of 2006, this Appeal is dismissed. The challenge shall be considered in Crl.Appeal No.2065 of 2006. (R.BASANT, JUDGE) rtr/-