Balaji vs State Of Karnataka
2023 Latest Caselaw 4951 Kant

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                                                    NC: 2023:KHC:26117
                                                    CRL.A No. 1481 of 2017



                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 27TH DAY OF JULY, 2023

                                          BEFORE
                          THE HON'BLE MR JUSTICE K.NATARAJAN
                           CRIMINAL APPEAL NO. 1481 OF 2017


                BETWEEN:

                BALAJI,
                S/O LATE SUBBAIAH,
                AGED ABOUT 33 YEARS,
                ADI DRAVIDA BY CASTE,
                OCCUPATION: SWEEPER,
                RESIDING AT JAYARAM EXTENSION,
                [MARAKADU DODDI],
                NEHRUNAGAR SWEEPER COLONY,
                MANDYA CITY.
                                                              ...APPELLANT
                (BY SRI. R. KOTHWAL, ADVOCATE)

                AND:

                STATE OF KARNATAKA,
                BY MANDYA RURAL POLICE,
Digitally
signed by C     REPRESENTED BY ITS
SOWMYA          PUBLIC PROSECUTOR,
Location:       HIGH COURT OF KARNATAKA,
High Court of   BANGALORE - 560 001.
Karnataka
                                                             ...RESPONDENT
                (BY SRI. S. VISHWA MURTHY, HCGP)


                       THIS CRL.A. IS FILED UNDER SECTION 374(2) OF CR.P.C
                PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF
                CONVICTION     DATED   27.07.2017   PASSED   BY   THE   IV
                ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA IN
                S.C.NO.114/2014 - CONVICTING THE APPELLANT/ACCUSED
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                                    NC: 2023:KHC:26117
                                     CRL.A No. 1481 of 2017



FOR THE OFFENCE P/U/S 498(A),323 AND 306 OF IPC AND
ETC.,

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



                        JUDGMENT

The memo filed by the learned HCGP reporting the

death of the appellant who is said to be dead on

09.03.2022 itself. The memo and death certificate of the

appellant is placed on record. On perusal of the judgment

passed by the Trial Court, the fine amount which was

imposed was only Rs.1,500/-, the appellant was some

time in jail during the pendency of the trial. Though as

per Section 394(2) of Cr.P.C., he has undergone the term

of sentence i.e., the fine amount is not paid.

2. Admitting the facts and circumstances of the

case, the fine amount imposed is only Rs.1,500/-, and the

Trial Court has given a set-off against the term of

imprisonment undergone by him during the trial stage.

NC: 2023:KHC:26117 CRL.A No. 1481 of 2017

3. Therefore, considering the facts and

circumstances of the case and I am of the considered view

that by issuing direction to the Trial Court for recovering

the fine amount will serve any purpose.

Hence, the appeal is dismissed as abated.

Sd/-

JUDGE

SMC CT: ABS