Beerappa S/O Hanamanthappa vs State Through
2023 Latest Caselaw 1096 Kant

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           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

       DATED THIS THE 23RD DAY OF JANUARY, 2023

                         BEFORE

    THE HON'BLE MR. JUSTICE V. SRISHANANDA

         CRIMINAL APPEAL No.200044/2017


BETWEEN:

BEERAPPA S/O HANAMANTHAPPA
AGE: 28 YEARS, OCC: AGRICULTURE
R/O ALABANUR, TQ.SINDHANUR,
DISTRICT RAICHUR
                                              ... APPELLANT

(BY SRI SHRAVANKUMAR MATH, ADVOCATE)

AND:

STATE THROUGH
SINDHANUR RURAL POLICE STATION
THROUGH ADDL. STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
KALABURAGI BENCH
                                   ... RESPONDENT

(BY SRI GURURAJ V. HASILKAR, HCGP)

       THIS CRIMINAL APPEAL IS FILED UNDER SECTION
374(2)   OF   CR.P.C.,   PRAYING   TO   SET   ASIDE   THE
IMPUGNED JUDGMENT OF CONVICTION AND ORDER OF
SENTENCE, DATED 14.11.2016 PASSED IN SPL. CASE
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(POCSO) NO.07/2015 BY THE ADDL. SESSIONS JUDGE AT
RAICHUR       BY     ALLOWING     THIS     APPEAL       AND
CONSEQUENTLY ACQUIT THE APPELLANT/ACCUSED OF
THE CHARGES LEVIED AGAINST HIM, FOR OFFENCE
PUNISHABLE UNDER SECTIONS 323, 376, 504 AND 511
OF IPC AND SECTION 8 OF POCSO ACT 2012.


     THIS APPEAL COMING ON FOR FINAL HEARING THIS
DAY, THE COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

Learned counsel for the appellant has filed a memo.

Memo which is placed on record reads as under:

"It is most humbly submitted

The appellant in the above case has died at prison during the pendency of the above appeal. The relatives of the appellant are not coming forward to file application to seek leave to continue the appeal. Moreover, the appellant has not furnished any documents for having paid fine levied by the Trial Court and fine levied is not paid before this Hon'ble Court.

Hence this Memo."

2. Following the dictum of the Hon'ble Apex Court

in the case of Ramesan (Dead) Through Legal

Representative Girija A. vs. State of Kerala reported in

(2020) 3 SCC 45, the memo is accepted.

3. In view of the death of appellant the present

appeal stands dismissed as abated. However, in the event

legal representatives fail to pay the fine amount, if not

already paid, the State is at liberty to recover the same as

arrears of land revenue.

Sd/-

JUDGE

VNR