The High Court of Karnataka, while hearing a criminal appeal, accepted a memo reporting the appellant’s death. The court held that the appeal have abated and dismissed it accordingly.
Appeal dismissed as abated due to the death of the appellant.
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NC: 2024:KHC:39451 CRL.A No. 954 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL APPEAL NO. 954 OF 2012
BETWEEN:
SHRI SHIVARAJ S/O LATE GANGAPPA ANGADI, AGED ABOUT 53 YEARS, OCC:BUSINESS, PREVIOUSLY AT BELLARY BUT PRESENTLY AT H.NO.2-910/10/74/1, PADMA NILAY 2003, PRASHANTH NAGAR 'A', GULBARGA.
…APPELLANT
Digitally signed by LAKSHMI T Location: High Court of Karnataka
(BY SRI. ASHOK R KALYANASHETTY., ADVOCATE)
AND:
THE STATE OF KARNATAKA BY ITS STATE PUBLIC PROSECUTOR ADVOCATE GENERAL OFFICE HIGH COURT PREMISES BANGALORE-560001
…RESPONDENT
(BY SRI. RANGASWAMY. R., HCGP)
THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING
TO SET ASIDE THE JUDGMENT OF CONVICTION AND
ORDER OF SENTENCE DATED 10.08.2012 PASSED BY THE V ADDL. S.J., MYSORE IN S.C.NO.3/2008 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 3 AND 4 OF D.P.ACT. THE APPELLANT/ACCUSED IS SENTENCED TO UNDERGO S.I. FOR 3 YEARS AND TO PAY FINE OF RS.15,000/- AND IN DEFAULT TO PAY FINE, HE IS DIRECTED TO UNDERGO S.I. FOR 6 MONTHS FOR THE OFFENCE P/U/S 3 OF D.P.ACT. THE APPELLANT/ACCUSED IS SENTENCED TO UNDERGO S.I. FOR 6 MONTHS AND TO PAY FINE OF RS.5,000/- AND IN DEFAULT OF PAYMENT OF FINE, HE IS DIRECTED TO UNDERGO S.I. FOR 1 MONTH FOR THE OFFENCE P/U/S 4 OF D.P.ACT. THE SENTENCES SHOULD RUN CONCURRENTLY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL JUDGMENT
In Crl.A.No.954/2012, preferred by accused No.3, learned counsel has filed a memo reporting the death of the said appellant, along with the death certificate.
28.07.2020 and therefore, the appeal has been abated.
dismissed as abated .
SD/(MOHAMMAD NAWAZ) JUDGE
LDC List No.: 1 Sl No.: 6
1 issue framed by the court
Whether the criminal appeal should be dismissed due to the death of the appellant.
SHRI SHIVARAJ S/O LATE GANGAPPA ANGADI
THE STATE OF KARNATAKA
MOHAMMAD NAWAZ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
