The High Court held that the criminal appeal by the State abated in its entirety as the sole respondent/accused died during the pendency of the appeal under Section 394(2) Cr.P.C.
The appeal against the acquittal was dismissed as it stood abated due to the death of the sole 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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF OCTOBER, 2022
PRESENT
THE HON’BLE MR.JUSTICE K.SOMASHEKAR AND
THE HON’BLE MR. JUSTICE C.M.JOSHI
CRIMINAL APPEAL NO.852 OF 2022
BETWEEN:
State BY CPI Brahmavara Circle Bragmavara Police station Udupi Represented by S.P.P. High Court Building Bengaluru – 560 001 ...Appellant (By Sri.H.S.Shankar, HCGP )
AND:
Raju Poojary S/o Late Mahalinga Poojary Aged about 74 years R/o Bandel House No.52, Heroor Village Udupi Taluk (Now Brahmavara Taluk) Udupi District – 576 213 ...Respondent
This Criminal Appeal filed under Sec.378(1) and (3) of Criminal Procedure Code, praying to grant leave to
2
appeal against the judgment and order of acquittal dated 26.08.2021 passed by the Principal District and Sessions Judge, Udupi in S.C. No.45/2018 in so far as it relates to acquitting the accused/respondent for the offence punishable under Sections 489-A, 302, 201 of IPC.
This criminal appeal coming on for Orders this day, K.SOMASHEKAR J ., delivered the following:
J U D G M E N T
Learned HCGP for the State is present before Court physically. This appeal is filed by the State challenging the judgment of acquittal rendered by the Trial Court in S.C.No.45/2018 dated 26.08.2021 relating to offences under Sections 498A, 302 and 201 of the IPC.
3
Sd/JUDGE
Sd/JUDGE
KS
1 issue framed by the court
Whether a criminal appeal stands abated when the sole respondent/accused dies during its pendency.
3 provisions across 2 enactments
State
Raju Poojary
K.SOMASHEKAR
C.M.JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
