Shivaram @ Chikkonu vs The State Of Karnataka
2021 Latest Caselaw 5687 Kant

                           1


   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 07TH DAY OF DECEMBER, 2021

                        PRESENT

           THE HON'BLE MR. JUSTICE G.NARENDAR

                          AND

         THE HON'BLE MR. JUSTICE E.S.INDIRESH

              CRIMINAL APPEAL NO.1455/2015

BETWEEN:

SHIVARAM @ CHIKKONU,
S/O LATE VENKATAPPA,
AGED ABOUT 36 YEARS,
R/OF AMBEDKAR NAGAR,
SRIRAMPURA EXTENSION,
KANAKAPURA TOWN,
RAMANAGARA DISTRICT,
PIN-562117.
                                             ... APPELLANT

(BY SRI PARAMESWARAPPA.C, ADV.)

AND:

THE STATE OF KARNATAKA
BY KANAKAPURA TOWN
POLICE STATION,
KANAKAPURA,
RAMANAGARA DISTRICT,
PIN-562117.
                                        ... RESPONDENT

(BY SRI VIJAYAKUMAR MAJAGE, ADDL. SPP
FOR RESPONDENT STATE)
                                 2


     THIS CRIMINAL APPEAL IS FILED UNDER SECTION
374(2) CR.PC PRAYING TO SET ASIDE THE JUDGMENT DATED
07.10.2015 PASSED BY THE II ADDL. DIST. AND S.J.,
RAMANAGARA TO SIT AT KANAKAPURA IN S.C.NO.5007/2013
(OLD S.C.NO.60/2009)-CONVICTING THE RESPONDENT/
ACCUSED FOR THE OFFENCES P/U/S 302,498(A),304(B) OF
IPC.


     THIS CRIMINAL APPEAL COMING ON FOR FINAL
HEARING THIS DAY, G.NARENDAR J, MADE THE FOLLOWING:


                         JUDGMENT

Case is called. There is no representation on behalf

of the appellant.

2. Learned Addl. SPP files into Court a memo

enclosing therewith, a copy of the death certificate issued

by the Competent Authority dated 14.12.2020 endorsing

the fact of demise of the appellant in the custody of the

Central Jail, Parappana Agrahara, Bengaluru on

01.05.2020. The place of death is recorded as KIDWAI

Hospital, Bengaluru. The notice was issued to the legal

representatives and the Court was informed that the said

person is not married to the deceased and has stated

that she has no interest in the proceedings. That apart,

the learned Addl. SPP would state that on enquiry, the

police have prima-facie been informed that the deceased

convict has not left behind any movable or immovable

properties.

3. In that view of the matter, the appeal is

dismissed as having been abated.

4. It is open for the State to initiate such

measures to recover the fine amount, if they so deem fit

and necessary.

In view of disposal of the appeal, I.A. 1/2019 does

not survive for consideration and is accordingly disposed

off.

Sd/-

JUDGE

Sd/-

JUDGE

Chs CT-HR