Karnataka High Court
Parameshwarappa vs The State Of Karnataka on 24 February, 2023
Bench: Shivashankar Amarannavar
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CRL.A No. 318 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 318 OF 2012
BETWEEN:
PARAMESHWARAPPA
SON OF LATE CHANNAPPA
AGED ABOUT 45 YEARS
TRACTOR DRIVER
R/O KODAGANUR VILLAGE
DAVANAGERE DISTRICT.
...APPELLANT
(BY SRI. D P MAHESH, ADVOCATE)
AND:
THE STATE OF KARNATAKA
Digitally BY MAYAKONDA POLICE
signed by REPRESENTED BY LEARNED STATE
SANDHYA S PUBLIC PROSECUTOR.
Location:
HIGH ...RESPONDENT
COURT OF
KARNATAKA (BY SRI.VISHWAMURTHY.S, HCGP)
THIS CRL.A. IS FILED U/S.374(2) CR.P.C BY THE
ADVOCATE FOR THE APPELLANT/ACCUSED NO.1 PRAYING
THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE
THE JUDGMENT OF SENTENCE DATED 19/20.01.2012 PASSED
BY THE II ADDL. SESSIONS JUDGE, DAVANGERE IN
S.C.NO.89/2010-CONVICTING THE APPELLANT/ACCUSED FOR
THE OFFENCE P/U/S 498-A, 304-B, 306 OF IPC AND SEC. 3, 4
AND 6 OF D.P. ACT. AND ETC.
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CRL.A No. 318 of 2012
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appellant-accused No.1 has filed this appeal
challenging the judgment of conviction and order of sentence
passed in SC No.89/2010 by the II Additional Sessions Judge,
Davanagere.
2. The appellant -accused No.1 has been sentenced to
undergo rigorous imprisonment for one year and to pay fine of
Rs.1,000/- with default sentence for offence under Section
498-A of IPC; further sentenced to undergo rigorous
imprisonment for a period of seven years for the offence under
Section 304-B of IPC; further sentenced to undergo rigorous
imprisonment for a period of three years and to pay fine of
Rs.2,000/- with default sentence for offence under Section 306
of IPC; further sentenced to undergo rigorous imprisonment for
a period of five years and to pay fine of Rs.15,000/- with
default sentence for offence under Section 3 of D.P. Act; further
sentenced to undergo rigorous imprisonment for six months
and to pay fine of Rs.2,000/- with default sentence for offence
under Section 4 of D.P. Act and further sentenced to undergo
CRL.A No. 318 of 2012
rigorous imprisonment for a period of six months and to pay
fine of Rs.5,000/- with default sentence for offence under
Section 6 of D.P. Act. The trial Court has ordered that all
substantive sentences shall run concurrently and also given
benefit of set of under Section 428 of Cr.P.C.
3. This appeal has been filed on 19-03-2012. In this
appeal, no IA is filed seeking suspension of sentence. This
Court, by its order dated 08-02-2023 directed the Registrar
(Judicial) to ascertain as to whether the appellant-accused No.1
has completed his sentence or not, from the concerned Jail
Authorities.
4. The Registrar General has received a communication
from Superintendent of Central Prison, Ballari dated
17-02-2023, where-under, it is intimated that appellant-
accused No.1 Parameshwarappa, son of Late Channappa, who
has been convicted in SC No.89/2010 by the II Additional
District and Sessions Judge, Davanagere, has completed his
sentence and has been released on 05-02-2018.
CRL.A No. 318 of 2012
5. In view of the appellant-accused No.1 completing his
sentence, the appeal does not survive for consideration.
Hence, the appeal is disposed of.
Sd/-
JUDGE
tsn*
