Mallikarjuna vs The State Of Karnataka
2023 Latest Caselaw 1403 Kant

                                            -1-
                                                      CRL.A No. 97 of 2012




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 17TH DAY OF FEBRUARY, 2023

                                          BEFORE
                    THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                              CRIMINAL APPEAL NO. 97 OF 2012
                   BETWEEN:

                      MALLIKARJUNA
                      S/O.SIDDALINGAPPA
                      AGED ABOUT 33 YEARS
                      AGRICULTURIST, BELACHAVADI VILLAGE
                      GUNDLUPET TALUK
                      CHAMARAJANAGAR DISTRICT.
                                                            ...APPELLANT
Digitally signed
by SANDHYA S       (BY SRI. D S HOSMATH, ADVOCATE)
Location: HIGH
COURT OF           AND:
KARNATAKA
                      THE STATE OF KARNATAKA
                      BY GUNDLUPET POLICE
                      CHAMARAJANAGAR DISTRICT.
                                                           ...RESPONDENT

                   (BY SRI S VISWA MURTHY, HCGP)

                        THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO
                   SET ASIDE THE ORDER DATED:4.1.12 PASSED BY THE DIST.,
                   AND S.J., CHAMARAJANAGAR IN S.C.NO.40/10 - CONVICTING
                   THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 307 OF
                   IPC. AND THE APPELLANT/ACCUSED IS SENTENCED TO
                   UNDERGO IMPRISONMENT FOR FOUR YEARS, FOR THE
                   OFFENCES P/U/S 307 OF IPC AND HE SHALL ALSO PAY A FINE
                   OF RS.30,000/- IN DEFAULT, TO UNDERGO FURTHER
                   IMPRISONMENT FOR A PERIOD OF THREE MONTHS.

                       THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
                                  -2-
                                                 CRL.A No. 97 of 2012




                            JUDGMENT

The appellant/accused has been convicted for the

offence under Section 307 of IPC by judgment dated

04.01.2012 passed in S.C.No.40/2012 by District and

Sessions Judge, Chamarajanagar and has been sentenced

to undergo imprisonment for a period of four years and to

pay a fine of Rs.30,000/- in default to undergo

imprisonment for a period of three months.

2. The Trial Court has ordered for payment of

Rs.25,000/- out of the fine amount to the injured Ravi as

compensation.

3. Learned HCGP for respondent-State files a

memo with a copy of death certificate of the

appellant/accused. As per the death certificate, the date

of death of appellant/accused Mallikarjunaiah, S/o.

Siddalingappa is 01.01.2022.

CRL.A No. 97 of 2012

4. In view of death of appellant/accused, the

appeal abates. However, the legal heirs of

appellant/accused have not come forward to implead

themselves to prosecute the appeal.

5. In view of Section 394(2) of Cr.P.C., the fine

amount has to be recovered from the estate of

appellant/accused inherited by his legal heirs from them.

Hence, the Trial Court is directed to initiate the

proceedings to recover the fine amount from the legal

heirs of the deceased appellant/accused who have

inherited the estate of deceased appellant/accused.

Sd/-

JUDGE

SSD