Karnataka High Court
Thotlegowda vs State By Cescom Vigilance on 13 January, 2023
Bench: Shivashankar Amarannavar
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CRL.A No. 165 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 165 OF 2012
BETWEEN:
THOTLEGOWDA
S/O SANNABOREGOWDA,
AGED ABOUT 61 YEARS
RESIDING AT DANDIGANAHALLI VILLAGE
DANDIGANAHALLI POST
CHANNARAYAPATNA TALUK
HASSAN DISTRICT - 573 201.
...APPELLANT
(BY SRI. GIRISH B BALADARE, ADVOCATE)
AND:
STATE BY CESCOM VIGILANCE
POLICE STATION, HASSAN.
...RESPONDENT
Digitally signed by
SANDHYA S (BY SRI. S VISHWAMURHTY, HCGP)
Location: High
Court of Karnataka
THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO
SET ASIDE THE ORDER DATED:26.12.11 PASSED BY THE
ADDL. S.J., AND SPL. JUDGE, HASSAN IN SPL.C.NO.94/08 -
CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE
P/U/S 135 AND 138 OF ELECTRICITY ACT, 2003 AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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CRL.A No. 165 of 2012
JUDGMENT
The accused has filed this appeal challenging the
judgment of conviction and order of sentence dated
26.12.2011 passed in Spl.case No. 94/2008 by the
Additional Sessions Judge and Special Judge, Hassan,
whereunder the appellant accused has been convicted for
the offence punishable under Section 135 and 138 of
Indian Electricity Act, 2003 (for short hereinafter referred
to as `the Act') and sentenced to pay fine of Rs.24,204/-
for the offence under Section 135 of the Act and sentenced
to pay fine of Rs.5,000/- for the offence under Section 138
of the Act.
2. Learned counsel for the appellant has filed a
memo on 12.01.2023 reporting the death of the appellant
enclosing copy of his death certificate. As per the death
certificate the appellant died on 06.04.2019.
CRL.A No. 165 of 2012
3. Section 394 of Cr.P.C. deals with abatement of
appeals and it reads thus:
"394. Abatement of appeals.-(1) Every
appeal under section 377 or section 378 shall
finally abate on the death of the accused.
(2) Every other appeal under this Chapter
(except an appeal from a sentence of fine) shall
finally abate on the death of the appellant:
Provided that where the appeal is against a
conviction and sentence of death or of
imprisonment, and the appellant dies during the
pendency of the appeal, any of his near relatives
may, within thirty days of the death of the
appellant, apply to the Appellate Court for leave
to continue the appeal; and if leave is granted,
the appeal shall not abate.
Explanation.- In this section, "near relative"
means a parent, spouse, lineal descendant,
brother or sister."
An appeal from a sentence of fine will not abate on the
death of the appellant.
CRL.A No. 165 of 2012
4. In the present case appellant has been
sentenced to pay fine only and therefore on the death of
the appellant the appeal will not abate.
5. Death of the convict does not discharge him
from liability from paying fine and compensation imposed
by Court and property which goes to his legal heirs after
his death is legally liable for the same. As per the proviso
to Section 394 Cr.P.C. near relatives of the appellant,
within 30 days of the death of the appellant, apply to the
appellate Court for leave to continue the appeal.
6. The appellant died on 06.04.2019 and no such
application is filed by his near relatives to continue the
appeal. Learned counsel for the appellant submits that the
legal heirs of the appellant are not interested in making
any such application. Hence, the property of the appellant
which goes to his legal heirs after his death is legally liable
for payment of the fine amount. Hence, in view of the
CRL.A No. 165 of 2012
death of the appellant, the appeal is dismissed. The trial
Court is directed to initiate proceedings to recover the fine
amount imposed on the accused from his estate which is
inherited by the legal heirs of the appellant on his death.
Sd/-
JUDGE
LRS
