The State Of Karnataka vs Shankar S/O Bhimanna Aute
2022 Latest Caselaw 3610 Kant

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          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

       DATED THIS THE 3RD DAY OF MARCH 2022

                          PRESENT

       THE HON'BLE MR.JUSTICE K.SOMASHEKAR
                             AND
 THE HON'BLE MR.JUSTICE ANANT RAMANATH HEGDE


          CRIMINAL APPEAL NO.200015/2014
Between:

The State of Karnataka,
Through Nimbarga Police Station,
Repressed by its
Additional State Public Prosecutor.
                                                  ... Appellant

(By Shri Prakash Yeli, Addl. SPP)

And:

Shankar S/o Bhimanna Aute,
Age : 61 years, Occ : Agriculture,
R/o Hittalsiroor, Tq : Aland,
Dist : Gulbarga.
                                               ... Respondent

(By Shri Baburao Mangane, Advocate)

      This Criminal Appeal is filed under Section 378(1) & (3)
of the Code of Criminal Procedure praying to set aside the
judgment and order of acquittal dated 10.09.2013 passed by
the III Addl. Sessions Judge, Gulbarga in Sessions Case
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No.127/2013 thereby acquitting the respondent/accused for
the offence punishable under Section 302 of IPC.

    This appeal coming on for Final Hearing this day,
K.Somashekar J. delivered the following:-


                          JUDGMENT

The learned Additional State Public Prosecutor for

appellant/State is present before the court physically,

similarly the learned counsel Sri Baburao Mangane for

respondent/accused is also present before the court.

2. Learned counsel for respondent/accused in this

matter submits that the accused - Shankar S/o Bhimanna

Aute, aged 61 years was facing of a trial in Sessions Case

No.127/2003. The acquittal judgment rendered by the trial

court has been challenged by the State under Section 378 of

Code of Criminal Procedure.

     3.    Whereas,        the           learned        counsel       for

respondent/accused      who      is    present       before   the   court

physically submits that Shankar S/o Bhimanna Aute during

the pendency of this appeal died and this information is given

by his son. This submission made by the learned counsel for

the respondent/accused in presence of the learned Additional

State Public Prosecutor for appellant/State.

4. However, keeping in view of the provisions under

Section 394(2) of Cr.P.C., when the accused was died during

the pendency of the proceedings, consequently the appeal

against respondent/accused stands abated. Accordingly, this

appeal is dismissed as abated.

5. It is deemed appropriate to direct the counsel for

the respondent/accused to produce the death certificate of

the accused - Shankar S/o Bhimanna Aute for the purpose of

reference and Registry shall keep it in the file.

Sd/-

JUDGE

Sd/-

JUDGE

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