Thulunadanda M. Mahesh @ Madappa vs The State Of Karnataka
2022 Latest Caselaw 10086 Kant

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   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 30TH DAY OF JUNE, 2022

                          PRESENT

        THE HON'BLE MR.JUSTICE K.SOMASHEKAR

                             AND

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

             CRIMINAL APPEAL No.186/2017

BETWEEN:

THULUNADANDA M MAHESH @ MADAPPA
S/O T.K.AIYAPPA
AGED ABOUT 33 YEARS
AGRICULTURIST
KALUR VILLAGE AND POST
MADIKERI TALUK
KODAGU DISTRICT - 571 201                    ...APPELLANT

(BY SRI SRISHACHANDRA, ADVOCATE FOR
    SRI CHETHAN JADHAV, ADVOCATE)

AND:

THE STATE OF KARNATAKA
BY THE POLICE INSPECTOR
DISTRICT CRIME INSPECTION BUREAU
MADIKERI, KODAGU DISTRICT - 571 201         ...RESPONDENT

(BY SRI VIJAYAKUMAR MAJAGE, ADDL. S.P.P.)

      THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2)
CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED
30.12.2016 AND SENTENCE DATED 04.01.2017 PASSED BY THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, KODAGU, MADIKERI
IN S.C.NO.24/2005-CONVICTING THE APPELLANT/ACCUSED NO.1 FOR
THE OFFENCE PUNISHABLE UNDER SECTIONS 114, 120B AND 302
READ WITH 34 OF IPC.
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     THIS CRIMINAL APPEAL COMING ON FOR HEARING THIS DAY
K.SOMASHEKAR J, DELIVERED THE FOLLOWING;


                         JUDGMENT

This appeal is preferred by accused No.1 challenging the

judgment of conviction and order of sentence passed by the I

Additional District & Sessions Judge, Kodagu, Madikeri in

S.C.No.24/2005 clubbed with S.C.No.6/2012.

2. Sri Chethan Jadav, learned Counsel who is on record,

but he is represented by learned Counsel Sri Srishachandra,

through Video Conferencing submits that accused No.1 who is

the appellant in this appeal died during the pendency of this

appeal and to that effect, he has produced the death certificate.

Therefore keeping in view the provision of Section 394(2) of

Cr.P.C., the appeal against the appellant/accused No.1 stands

abated.

Sd/-

JUDGE

Sd/-

JUDGE

KSR