Karnataka High Court
State Of Karnataka vs Shri.Mahesh Iranna Kolaki on 3 June, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
NC: 2024:KHC-D:7297-DB
CRL.A No. 100178 of 2020
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 3RD DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
AND
THE HON'BLE MR JUSTICE T. G. SHIVASHANKARE GOWDA
CRIMINAL APPEAL NO. 100178 OF 2020 (A)
BETWEEN:
STATE OF KARNATAKA
REPRESENTED BY THE
CIRCLE POLICE INSPEPCTOR,
SHAHAPUR POLICE STATION, BELAGAVI,
THROUGH THE ADDL.
STATE PUBLIC PROSECUTOR,
ADVOCATE GENERAL OFFICE,
HIGH COURT OF KARNATAKA, DHARWAD BENCH.
...APPELLANT
(BY SRI. M.B. GUNDAWADE, ADLL.SPP., ADVOCATE)
Digitally signed
by GIRIJA A
BYAHATTI AND:
Location: HIGH
COUIRT OF
KARNATAKA
1. SHRI.MAHESH IRANNA KOLAKI
AGE: 37 YEARS, OCC: PRIVATE WORK,
R/O: RAJAWADA VADAGAVAI,
BELAGAVI.
2. SHRI.IRANNA SHIVALINGAPPA KOLAKI
AGE: 65 YEARS, OCC: PRIVATE SERVICE,
R/O: RAJAWADA VADAGAVAI,
BELAGAVI.
3. SMT.VIJAYA IRANNA KIOLAKI
AGE: 57 YEARS, OCC: HOUSEHOLD,
R/O: RAJAWADA VADAGAVAI,
-2-
NC: 2024:KHC-D:7297-DB
CRL.A No. 100178 of 2020
BELAGAVI-591307
...RESPONDENTS
(BY SRI. B.S. KUKANAGOUDAR, ADVOCATE FOR R1 AND R3;
R2 DEAD)
THIS CRIMINAL APPEAL IS FILED U/S. 378 (1) (3) OF CR.P.C.,
PRAYING TO GRANT LEAVE TO APPEAL AND SET ASIDE AGAINST THE
JUDGMENT AND ORDER OF ACQUITTAL DATED 14/10/2019 PASSED
BY THE VI ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI IN
S.C. NO.282/2014 AND TO CONVICT THE RESPONDENTS / ACCUSED
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498(A), 304(B),
316 R/W SECTION 34 OF IPC AND UNDER SECTION 3 4 OF DOWRY
PROHIBITION ACT. IN THE INTEREST OF JUSTICE AND EQUITY ETC,.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
MOHAMMAD NAWAZ, J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred against the judgment and order dated 14.10.2019 passed by the Court of VI Addl. Sessions Judge, Belagavi in S.C.No.282/2014, wherein respondent Nos.1 to 3 are acquitted of the charged offences punishable under Sections 498A, 304B, 316 read with Section 34 of IPC and under Sections 3 and 4 of Dowry Prohibition Act, 1961.
2. During the pendency of the appeal, respondent No.2 died on 25.07.2020.
-3-
NC: 2024:KHC-D:7297-DB CRL.A No. 100178 of 2020
3. Learned counsel appearing for respondent Nos.1 and 3 Sri B.S. Kukanagoudar would submit that even the said respondents have died. Death certificates pertaining to the said respondents are furnished along with a memo, as per which, respondent No.1 died on 10.02.2023 and respondent No.3 died on 13.02.2023.
4. This being an appeal preferred under Section 378 of Cr.P.C., against the judgment and order of acquittal passed by the trial Court, in view of the death of respondent Nos.1 to 3, the appeal stands abated in view of Section 394(1) of Cr.P.C. Accordingly, the appeal is dismissed as having been abated.
Sd/-
JUDGE Sd/-
JUDGE NAA LIST NO.: 1 SL NO.: 24