Dismissed

State of Karnataka v. Beerappa S/O Nagappa Gummanahalli

Karnataka HC3 Aug 2020CRL.A/100100/2017

Case brief

AI extract

What is this about?

The High Court of Karnataka was satisfied that the sole accused appellant breathed his last prior to the hearing of the criminal appeals. Consequently, the appeal by the deceased appellant was dismissed as having abated, and the State's appeal seeking sentence enhancement was disposed of as no longer surviving for consideration.

What did the court decide?

The appeal by the deceased appellant was dismissed as abated. The State's appeal was disposed of as not surviving.

State of Karnataka Vs Beerappa S/O Nagappa… — Criminal Trial and Appeal | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 03^RD DAY OF AUGUST 2020

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PRESENT

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THE HON’BLE MR. JUSTICE B.M. SHYAM PRASAD

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AND

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THE HON’BLE MR. JUSTICE V. SRISHANANDA

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CRL.A. NO.100055/2017 C/W CRL.A.NO.100100/2017

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CRL.A. NO.100055/2017

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BETWEEN:

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BEERAPPA S/O.NAGAPPA GUMMANAHALLI, AGE: 35 YEARS, OCC: AGRICULTURE, R/O: KADARAMANDALAGI VILLAGE, TQ: BYADAGI, DIST: HAVERI.

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…..APPELLANT

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(BY SRI. K.M. SHIRALLI, ADV.)

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AND:

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THE STATE OF KARNATAKA BY RANEBENNUR RURAL P.S. R/BY S.P.P. HIGH COURT OF KARNATAKA, BENCH DHARWAD.

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…..RESPONDENT

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(BY SRI.V.M. BANAKAR, ADV.)

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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.

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IN CRL.A. NO.100100/2017

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BETWEEN:

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THE STATE OF KARNATAKA REPRESENTED BY CPI, RANEBENNUR RURAL CIRCLE, RANEBENNUR, THROUGH ADDL. STATE PUBLIC PROSECUTOR, O/O ADVOCATE GENERAL, HIGH COURT BUILDING, DHARWAD.

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…..APPELLANT

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(BY SRI.V.M. BANAKAR, ADDL.SPP.)

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AND:

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BEERAPPA S/O.NAGAPPA GUMMANAHALLI, AGE: 34 YEARS, R/O: KADARAMANDALAGI, TQ: BYADAGI.

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…..RESPONDENT

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(BY SRI. K.M. SHIRALLI, ADV.)

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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.

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THESE APPEALS ARE COMING ON FOR HEARING, THIS DAY, B.M. SHYAM PRASAD , J, DELIVERED THE FOLLOWING:

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JUDGMENT

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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.

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The learned Additional SPP files a memo placing on record a copy of the death certificate dated 09.04.2019 and submits that the sole accused has breathed his last on 27.03.2019. He submits that the appeal filed by the sole accused would abate and other appeal also would not survive for consideration. These submissions are also reiterated by the learned counsel for the appellant.

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The learned counsel for the deceased

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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.

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The memo is accepted and the appeal in Crl.A.No.100055/2017 is dismissed as having abated and other appeal in Crl.A.No.100100/2017 is disposed of as not surviving for consideration. The legal representatives of the deceased appellant are reserved liberty to seek refund of the amount of Rs.25,000/deposited with the trial court. The dependants of the victim shall be entitled to approach the Legal Services Authority, Haveri and seek compensation in accordance with law.

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Sd/JUDGE

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Sd/JUDGE

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MNS/

State of Karnataka v. Beerappa S/O Nagappa Gummanahalli

Case brief

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State of Karnataka v. Beerappa S/O Nagappa Gummanahalli

Case brief

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