Nagaraju @ Kariya vs State Of Karnataka
2023 Latest Caselaw 7181 Kant

                                                -1-
                                                            NC: 2023:KHC:36821
                                                         CRL.A No. 943 of 2015




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 10TH DAY OF OCTOBER, 2023

                                              BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                 CRIMINAL APPEAL No. 943 OF 2015
                      BETWEEN:

                          NAGARAJU @ KARIYA
                          S/O LATE NAGARAJU
                          AGED ABOUT 29 YEARS
                          R/A SIDDEGOWDARA VATARA
                          BASAVANAGUDI, 1ST CROSS
                          GUTTHALU ROAD
                          MANDYA-571 401.

                          PERMANENT RESIDENT OF
                          BESIDE ANGANAWADI
                          DUDDA BEECHANAHALLI
                          SHIVALLI HOBLI
                          MANDYA TALUK & DISTRICT - 571 401.
                                                               ...APPELLANT
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI       (BY SRI KAPIL DIXIT, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA             AND:

                          STATE OF KARNATAKA
                          THOUGH THE SRIRANGAPATNA POLICE
                          MANDYA.
                          REPRESENTED BY
                          STATE PUBLIC PROSECUTOR
                          HIGH COURT BUILDING
                          BANGALORE - 560 001.
                                                               ...RESPONDENT

                      (BY SRI M DIVAKAR MADDUR, HCGP)
                              -2-
                                            NC: 2023:KHC:36821
                                       CRL.A No. 943 of 2015




     THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO
SET ASIDE THE JUDGMENT ORDER DATED 04.09.2014 PASSED
BY THE III ADDITIONAL DISTRICT AND S.J., MANDYA (SITTING
AT SRIRANGAPATNA) IN S.C.No.130/2012 - CONVICTING THE
APEPELLANT/ACCUSED No.2 FOR THE OFFENCE P/U/S 341, 395
AND 411 OF IPC.

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

                        JUDGMENT

1. The appellant - accused No.2 has filed this appeal

praying to set-aside the judgment of conviction and order

of sentence passed in S.C.No.130/2012 dated 04.09.2014.

The appellant - accused No.2 has been sentenced to pay

fine of Rs.500/-, in default to undergo simple

imprisonment for a period of fifteen days for the offence

under Section 341 of IPC and sentenced to undergo

rigorous imprisonment for a period of seven years and to

pay fine of Rs.2,000/- for the offence under Section 395 of

IPC. The sentence passed by the Trial Court has not been

suspended in this appeal. This appeal came to be filed on

05.08.2015.

NC: 2023:KHC:36821 CRL.A No. 943 of 2015

2. The letter dated 06.10.2023 has been received from

the Chief Superintendent of Central Prison, Mysuru,

wherein it is stated that this appellant - accused No.2 has

completed his sentence passed in S.C.No.130/2012 by the

III Additional District and Sessions Judge, Mandya sitting

at Srirangapatna. In view of the appellant - accused No.2

completing his sentence, this appeal does not survive for

consideration and the appeal is dismissed as having

become infructuous.

3. In view of disposal of the appeal, pending

interlocutory applications does not survive for

consideration.

Sd/-

JUDGE

GH