Anand S/O Thavaru Chavan vs The State Of Karnataka
2022 Latest Caselaw 2558 Kant

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            IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

       DATED THIS THE 16 TH DAY OF FEBRUARY, 2022

                         BEFORE

        THE HON'BLE MR. JUSTICE V. SRISHANANDA

          CRIMINAL APPEAL NO.200040/2015


BETWEEN:

Anand S/o Thavaru Chavan,
Age : 65 years, occ : Head Master
(Now Rtd.,)
Government Ashram School,
Kannal, R/o Kannal,
Tq. & Dist : Vijayapur.
                                                ... Appellant
(By Sri Shivanand V.Pattanshetti, Advocate)

AND:

The State of Karnataka,
Rep. by Special P.P,
High Court of Karnataka,
Kalaburagi
(Through P.I of Lokayukta P.S,
Vijayapur)
                                              ... Respondent
(By Sri Subhash Mallapur, Spl.PP)

      This Criminal appeal is filed under Section 374(2) of
Criminal Procedure Code praying to set-aside the judgment
of conviction and order of sentence dated 25.03.2015
passed by the Prl. Sessions Judge/the Special Judge,
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Vijayapur in Special Case (LOK) No.6/2010 and acquit the
appellant/accused No.2.

      This appeal coming on for Final Hearing this day, the
Court delivered the following:

                        JUDGMENT

Learned counsel for the appellant Sri Shivanand

V.Pattanshetti, files a memo along with death certificate of

the appellant. The sole appellant died on 31.08.2019.

2. Memo reads as under :-

"That the appellant was died on 31.08.2019, in view of the death of the appellant, the appeal is abated. So, the Hon'ble Court may be pleased to pass appropriate orders with regard to grant pensionary and other benefits to the legal heirs of deceased appellant, in the interest of justice.

Hence this memo."

3. Learned counsel Sri Shivanand V.Pattanshetti

submits that the fine amount already deposited may be

forfeited to the Government.

4. Since the appellant is dead and the legal

representatives/dependants of accused do not wish to

continue the appeal on merits provided the rights of the

dependants are not affected in seeking pensionary and

other benefits etc. Following the dictum of the Hon'ble

Apex Court in the case of Ramesan (Dead) Through

Legal Representative Girija A. vs. State of Kerala

reported in (2020) 3 SCC 45, the memo is accepted.

5. Sri Subhash Mallapur submits that since the

appeal is not decided on merits and the dependants of the

accused have agreed to forego the fine amount already

deposited, the pensionary and other benefits would be

considered without reference to the impugned judgment.

Accordingly, the following :

ORDER

Appeal is disposed of in terms of the memo.

It is made clear that disposal of this appeal shall not

affect the rights of the dependants of the appellant in

seeking the pensionary and other benefits.

Sd/-

JUDGE sn