This court dismissed the criminal appeal filed by the sole accused as it abated due to his death. The State's appeal for sentence enhancement was also disposed of as it did not survive for consideration.
The criminal appeal filed by the sole accused is dismissed as abated. The State's appeal is disposed of as not surviving for consideration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 03RD DAY OF AUGUST 2020
PRESENT
THE HON’BLE MR. JUSTICE B.M. SHYAM PRASAD
AND
THE HON’BLE MR. JUSTICE V. SRISHANANDA
CRL.A. NO.100055/2017 C/W CRL.A.NO.100100/2017
CRL.A. NO.100055/2017
BETWEEN:
BEERAPPA S/O.NAGAPPA GUMMANAHALLI, AGE: 35 YEARS, OCC: AGRICULTURE, R/O: KADARAMANDALAGI VILLAGE, TQ: BYADAGI, DIST: HAVERI.
…..APPELLANT
(BY SRI. K.M. SHIRALLI, ADV.)
AND:
THE STATE OF KARNATAKA BY RANEBENNUR RURAL P.S. R/BY S.P.P. HIGH COURT OF KARNATAKA, BENCH DHARWAD.
…..RESPONDENT
(BY SRI.V.M. BANAKAR, ADV.)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCED UNDER SECTION 304 PART II OF IPC DATED 11.11.2016 AND 15.11.2016 PASSED IN SESSIONS CASE NO.66 OF 2014 ON THE FILE OF THE HON’BLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, HAVERI, SITTING AT RANEBENNUR AND ACQUIT THE APPELLANT/ACCUSED OF THE OFFENCES WITH WHICH HE HAS BEEN CONVICTED AND SENTENCED.
2
IN CRL.A. NO.100100/2017
BETWEEN:
THE STATE OF KARNATAKA REPRESENTED BY CPI, RANEBENNUR RURAL CIRCLE, RANEBENNUR, THROUGH ADDL. STATE PUBLIC PROSECUTOR, O/O ADVOCATE GENERAL, HIGH COURT BUILDING, DHARWAD.
…..APPELLANT
(BY SRI.V.M. BANAKAR, ADDL.SPP.)
AND:
BEERAPPA S/O.NAGAPPA GUMMANAHALLI, AGE: 34 YEARS, R/O: KADARAMANDALAGI, TQ: BYADAGI.
…..RESPONDENT
(BY SRI. K.M. SHIRALLI, ADV.)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378 (1) & (3) OF CR.P.C. PRAYING TO GRANT LEAVE TO APPEAL AND TO SET ASIDE THE JUDGMENT AND ORDER DATED 11.11.2016 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT HAVERI (SITTING AT RANEBENNUR) IN SESSIONS CASE NO.66 OF 2014 INSOFAR AS IT RELATES TO IMPOSITION OF SENTENCE FOR THE OFFENCE PUNISHABLE UNDER SECTION 304-II OF IPC AND TO CONVICT THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 302 OF IPC.
THESE APPEALS ARE COMING ON FOR HEARING, THIS DAY, B.M. SHYAM PRASAD , J, DELIVERED THE FOLLOWING:
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JUDGMENT
These appeals are filed by sole accused in S.C. No.66/2014 on the file of II Additional District and Sessions Judge, Haveri sitting at Ranebennur and the State. Appellant-the sole accused is convicted for the offences punishable under Section 304 Part II of IPC and sentenced to undergo seven years rigorous imprisonment and to pay a fine of Rs.25,000/- with default sentence of rigorous imprisonment for a further period of one year. The appellant has challenged the conviction and sentence, and the State is in appeal seeking enhancement in the sentence.
4
appellant submits that the appellant in compliance with the order of this court dated 20.03.2017 for suspension of sentence has deposited a sum of Rs.25,000/- with the trial court and submits that appropriate orders are to be made in this regard.
Sd/JUDGE
Sd/JUDGE
MNS/
1 issue framed by the court
Whether criminal appeals filed by the sole accused and the State survive for consideration after the death of the appellant accused during the pendency of the appeals.
4 provisions across 2 enactments
BEERAPPA S/O.NAGAPPA GUMMANAHALLI
THE STATE OF KARNATAKA
B.M. SHYAM PRASAD
V. SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
