According to the records, while appealed from the judgment of the first instance, the defendant asserted mistake of facts as well as unreasonable sentencing as the grounds for appeal, but on the second trial of the court below, the defendant left only the grounds for unfair sentencing as the grounds for appeal and withdrawn the remaining grounds for appeal.

In such a case, the argument that there is an error of mistake or misapprehension of legal principles in the judgment below cannot be a legitimate ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.