Sri. Jayanna vs State By Tavarekere Police
2023 Latest Caselaw 1550 Kant

                                             -1-
                                                    CRL.A No. 1280 of 2011




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 23RD DAY OF FEBRUARY, 2023

                                          BEFORE
                   THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                            CRIMINAL APPEAL NO. 1280 OF 2011


                   BETWEEN:



                      SRI. JAYANNA,
                      S/O CHINNAIAH,
                      AGED ABOUT 34 YEARS,
                      R/AT VIGNESHWARANAGARA,
                      NEAR BUS STAND,
                      VISHWANEEDOM POST,
                      YESHWANTHAPURA HOBLI,
                      BANGALORE SOUTH TALUK.

                                                              ...APPELLANT
Digitally signed
by SANDHYA S
Location: HIGH
COURT OF           (BY SRI. K.M. RAVIKUMAR, ADVOCATE)
KARNATAKA

                   AND:



                      STATE BY TAVAREKERE POLICE,
                      REPRESENTED BY
                      STATE PUBLIC PROSECUTOR,
                              -2-
                                     CRL.A No. 1280 of 2011




   HIGH COURT OF KARNATAKA,
   BANGALORE.
                                             ...RESPONDENT



(BY SRI. S. VISWA MURTHY, HCGP)



                   ****************



     THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO

SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE

DATED 19.4.2011 PASSED BY THE P.O. FTC-III, BANGALORE

(R) DIST., BANGALORE IN S.C.NO.2/2009, CONVICTING THE

APPELLANT/ACCUSED NO.1 FOR THE OFFENCE P/U/S 498A,

304B OF IPC. THE APPELLANT/ACCUSED NO.1 IS SENTENCED

TO UNDERGO IMPRISONMENT FOR TWO YEARS AND PAY A

FINE OF RS.12,000/- IN DEFAULT OF PAYMENT OF FINE HE

SHALL UNDERGO S.I. FOR 6 MONTHS,FOR THE OFFENCE P/U/S

498A OF IPC. THE APPELLANT/ACCUSED NO.1 IS SENTENCED

UNDERGO   IMPRISONMENT       FOR   SEVEN   YEARS   FOR   THE

OFFENCE P/U/S 304B OF IPC.


     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:
                                 -3-
                                          CRL.A No. 1280 of 2011




                           JUDGMENT

1. This appeal is filed by accused No.1 challenging the

Judgment of conviction and Order of sentence dated

19.04.2011 passed in S.C. No.2/2009 by Presiding Officer, Fast

Track Court - III, Bengaluru Rural District, Bengaluru. The

appellant - accused No.1 has been convicted for offence under

Section 498-A of IPC and sentenced to undergo imprisonment

for a period of three years and fine of Rs.12,000/-, in default to

undergo S.I. for a period of six months. He is further

sentenced to undergo imprisonment for a period of seven years

for the offence under Section 304-B of IPC.

2. Learned counsel for the appellant has filed a memo with a

copy of death certificate of appellant - accused No.1. As per

the said death certificate, the appellant - accused No.1

Jayanna, S/o Channayya and Lakshmidevamma, died on

26.01.2021. The name of wife of Jayanna in the said death

certificate is shown as late Pushpa.

3. In view of death of the appellant No.1, appeal abates.

CRL.A No. 1280 of 2011

4. In view of Section 394(2) Cr.P.C., the fine amount has to

be recovered from the estate of the deceased inherited by his

legal heirs.

5. Learned counsel for the appellant submits that there is

nobody to continue this appeal. In view of the same, the Trial

Court is directed to recover the fine amount from the estate of

the deceased inherited by his legal heirs by initiating

appropriate proceedings.

Sd/-

JUDGE

sac