Sri Chikkanarasaiah vs The State Of Karnataka
2021 Latest Caselaw 5690 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 7TH DAY OF DECEMBER, 2021

                        BEFORE

     THE HON'BLE MR.JUSTICE K.SOMASHEKAR

        CRIMINAL APPEAL NO. 1077 OF 2011

BETWEEN:
Sri. Chikkanarasaiah
S/o Late Papaiah
Aged about 55 years
Agriculturist
R/at Gundappanayakanahalli Village
Sasalu Hobli
Doddaballapur Taluk-561203
Bangalore Rural District.
                                           ...Appellant

(By Sri. Ravi Kumar S.L - Advocate for
    Sri. H.V. Subramanya - Advocate)

AND:
The State of Karnataka
Rep. by its Station Head Officer
Hosahalli Police Station
Hosahalli, Sasalu Hobli
Doddaballapur Taluk - 561203
Bangalore Rural District.
                                         ...Respondent

(By Sri. Rahul Rai K - HCGP)

     This Criminal Appeal filed under Sec.374(2) of
Criminal Procedure Code, by the Advocate for the
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appellant praying to admit this appeal; examine the
legality and propriety of the proceedings evidence and
impugned judgment and set aside the same. Acquit the
appellant for the offences to which he has convicted by
allowing this appeal.

      This criminal appeal coming on for Hearing
through video conference this day, the court delivered
the following:

                    JUDGMENT

Learned counsel Sri.Ravi Kumar S.L for the

appellant is present before this Court physically and

represents counsel Sri.H.V Subramanya who is on

record. Learned HCGP for the State is present before

this Court physically. Whereas under this appeal

challenging the judgment of conviction rendered by the

trial Court in S.C.No.56/2011 dated 15.10.2011 and

whereby held conviction for the offence punishable

under Section 376 of IPC, 1860.

Learned counsel for the appellant / accused

submitted that during pendency of this appeal,

appellant namely Chikkanarasaiah S/o Late Papaiah

died about 2 ½ years ago. This submission made by the

learned counsel for the appellant is placed on record.

However, counsel for the appellant is directed to

file a memo with production of death certificate of the

accused - Chikkanarasaiah for consideration.

Therefore, it is deemed appropriate to refer Section

394(2) of Cr.P.C, when accused is no more it cannot

arise for continuity of the appeal in further.

Consequently this appeal stands abated. Accordingly,

ordered.

This appeal is disposed of.

Sd/-

JUDGE

RJ