The Karnataka High Court dismissed a criminal appeal filed by the complainant against the acquittal of accused persons for offences under the Indian Penal Code, due to the appellant's failure to comply with the court's order to implead the State and furnish documents.
Impugned order of acquittal stands confirmed by dismissing the appeal on default.
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 8TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.726 OF 2019
BETWEEN:
SMT. PARVATHAMMA W/O JAVARAIAH AGED ABOUT 60 YEARS, RESIDING AT MALLAPURA VILLAGE, AREHALLI HOBLI BELUR TALUK - 573 115
...COMPLAINANT/APPELLANT
(BY SRI. L.SRINIVASA BABU, ADVOCATE - ABSENT)
AND
AGED ABOUT 38 YEARS,
S/O BYRAIAH AGED ABOUT 38 YEARS,
S/O BYRAIAH
AGED ABOUT 35 YEARS,
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AGED ABOUT 21 YEARS,
ALL ARE RESIDING AT MALLAPURA VILLAGE, ATEHALLI HOBLI BELUR TALUK - 573 115
......ACCUSED/RESPONDENTS
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF CR.P.C BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO a) SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 16.10.2017 PASSED BY THE 2ND ADDITIONAL DISTRICT AND SESSIONS JUDGE AT HASSAN IN S.C.NO.263/2014 FOR THE OFFENCES UNDER SECTION 143, 148, 324, 323, 354, 506 READ WITH SECTION 149 OF INDIAN PENAL CODE AND APPELLANT BE CONVICT OF THE CHARGE LEVELLED AGAINST HIM; b) PASS SUCH OTHER ORDER OR ORDERS AS THIS HON'BLE COURT MAY DEEM FIT TO GRANT IN THE FACT AND CIRCUMSTANCE OF THE CASE.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
No representation for the appellant.
acquittal of the respondent for the offences punishable under Sections 143, 148, 324, 323, 354, 506 read with Section 149 of IPC.
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Sd/JUDGE
MDS
1 issue framed by the court
Whether the criminal appeal by the complainant against the acquittal of the respondents should be sustained in default.
1 provisions across 1 enactments
Smt. Parvathamma W/o Javaraiah
Puttaiah S/o Byraiah
Raju @ Swamy S/o Byraiah
Chandra S/o Byraiah
Hemantha Kumara S/o Thimmaiah
Suresha @ Sumana D/o Rajaiah
J.M. Khazi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
