In an appeal challenging a conviction judgment, the High Court held that since the respondent/appellant had expired, the appeal was dismissed as abated.
Appeal dismissed as abated due to death of the respondent accused.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.1469 OF 2016
BETWEEN:
SRI. A.M. KUMARA S/O LATE MARILINGAIAH, AGED ABOUT 49 YEARS, R/A NO.161, MATHRUKRUPA, IST FLOOR, III CROSS, SATHYANARAYANA LAYOUT, BASAVESHWARANAGARA, BENGALURU - 560 079.
...APPELLANT
(BY SRI. SOMASHEKARA K.M., ADVOCATE)
AND
SRI. DEVARAJ S/O SRI FAKIRAPPA ARALIKATTI, AGED ABOUT 66 YEARS, R/A NO.28, 1ST FLOOR, S.T. GUDI BUI LDING, INDIRA COLONY, NAGASHETTY KOPPA, KESHWAPURA, HUBLI - 580 023.
ALSO HAVING OFFICE AT NO.89, ANKUSH ARCADE, OPP:TO GIRIVASA PICTURE STATION ROAD, HUBLI - 560 020.
...RESPONDENT
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THIS CRIMINAL APPEAL FILED U/S 378(4) CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DATED 28.06.2016 PASSED BY THE LII ADDL. CITY CIVIL AND S.J., BANGALORE CITY (CCH-53) IN CRL.A.NO.791/2014, CONSEQUENTLY CONFIRM THE JUDGMENT OF CONVICTION DATED 30.06.2014 PASSED BY THE XIII ACMM, BANGALORE IN C.C. NO.519/2011.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
The police report states that the respondent/ accused has
expired. The death certificate is also produced.
In view of the same, appeal is dismissed as abated.
Sd/JUDGE
LL
SRI. A.M. KUMARA S/O LATE MARILINGAIAH
SRI. DEVARAJ S/O SRI FAKIRAPPA ARALIKATTI
J.M.KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
