Dr.Sharada H.Hanchinal W/O ... vs The Karnataka Lokayukta
2023 Latest Caselaw 875 Kant

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                                                      CRL.A No. 2592 of 2013


                     IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                         DATED THIS THE 13TH DAY OF JANUARY, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
                           CRIMINAL APPEAL NO. 2592 OF 2013 (C-)
                BETWEEN:

                      DR.SHARADA H.HANCHINAL
                      W/O DR. ERAPPA BASAPPA SASALATTI,
                      AGE: 51 YEARS, OCC: MEDICAL OFFICER,
                      COMMUNITY HEALTH CENTRE,
                      RAIBAG, R/O: CHIKKANAGI,
                      TAL AND DIST: BELGAUM

                                                                 ...APPELLANT
                (BY SRI. K B NAIK AND V.K.NAIK, ADVOCATE)

                AND:

                1.    THE KARNATAKA LOKAYUKTA
                      THROUGH BELGAUM LOKAYUKTA
                      POLICE, R/BY SPL.P.P.
                      HIGH COURT CIRCUIT BENCH
                      DHARWAD


                                                               ...RESPONDENT
CHANDRASHEKAR
LAXMAN
KATTIMANI
                (BY SRI. ANIL KALE, SPL.P.P.)

                       THIS CRIMINAL APPEAL IS FILED U/S 374(2) OF CR.P.C.
                SEEKING TO SET ASIDE THE JUDGMENT OF CONVICTION AND
                SENTENCE PASSED IN SPL. CASE NO.65/2011 DATED 18.03.2013 BY
                THE IV-ADDL. DIST. & SESSIONS JUDGE & SPL. JUDGE (PCA),
                BELGAUM, AND ACQUIT THE APPELLANT OF ALL THE CHARGES
                LEVELLED AGAINST HER.
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                                       CRL.A No. 2592 of 2013


     THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:

                             ORDER

This appeal is preferred by accused No.1 against the

conviction and sentence passed by the Court of the IV

Addl. District and Sessions Judge and Special Judge (PCA),

Belagavi in Spl.Case No.65/2011 dated 18.03.2013, for

the offence punishable under Sections 7, 8 and 13(1)(d)

r/w 13(2) of the Prevention of Corruption Act, 1988.

2. The accused Nos.2 and 3 were found not guilty of the

offence punishable under Section 8 of the P.C. Act, 1988

and they have been acquitted by the trial Court. However,

appellant/accused No.1 was found guilty for the above

mentioned offences.

3. The police have submitted a report stating that the

appellant/accused No.1 namely Sharada died on

30.08.2016. A copy of the death certificate is also

enclosed along with the report.

CRL.A No. 2592 of 2013

4. The legal representative of the appellant has not filed

any application to continue the appeal. The learned

counsel appearing for the appellant submits that in view of

the death of the sole appellant, the appeal abates under

Section 394 of Cr.P.C.

5. The Police report and the death certificate of the

appellant are placed on record.

6. In the light of the above, appeal is dismissed as

abated.

Sd/-

JUDGE

HMB