Sharada W/O Vinayak Naik vs Vinayak S/O Khemu Naik
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Karnataka High Court

Sharada W/O Vinayak Naik vs Vinayak S/O Khemu Naik on 12 February, 2024

                                                -1-
                                                      NC: 2024:KHC-D:3109
                                                      CRL.A No. 100044 of 2016




                   IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                          DATED THIS THE 12TH DAY OF FEBRUARY, 2024

                                            BEFORE
                            THE HON'BLE MR JUSTICE RAJESH RAI K
                           CRIMINAL APPEAL NO. 100044 OF 2016 (A)

                   BETWEEN:

                   SHARADA W/O. VINAYAK NAIK,
                   AGED ABOUT 38 YEARS,
                   OCCUPATION: HOUSEWIFE,
                   R/O: KAJABAGA, KARWAR
                   UTTARA KANNADA DISTRICT.
                                                                   ...APPELLANT
                   (BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE)

                   AND:
                   1.   VINAYAK S/O. KHEMU NAIK
                        AGED ABOUT 46 YEARS, OCCUPATION:
                        R/O: BABRUVADA, ANKOLA
                        UTTARA KANNADA DISTRICT.
                        NOW AT M.J. NAGAR,
                        9TH CROSS, HOSAPETE.
                   2.   THE STATE OF KARNATAKA
Digitally signed        REPRESENTED BY P.S.I., OF
by
SHIVAKUMAR              EXTENSION POLICE STATION, HOSAPETE.
HIREMATH
                                                                ...RESPONDENTS
Date:
2024.02.12
17:08:18 +0530
                   (BY SRI. M.B. GUNDAWADE, ADDL. SPP FOR R2)

                         THIS CRIMINAL APPEAL IS FILED U/S.372 OF CR.P.C.,
                   SEEKING TO CALL FOR THE RECORDS IN CC NO.1939/2008 ON THE
                   FILE OF ADDL. CIVIL JUDGE AND JMFC., HOSPET AND SET ASIDE
                   THE ORDER OF ACQUITTING THE RESPONDENT NO.1 FOR THE
                   OFFENCES PUNISHABLE UNDER SECTION 493,494,496,498(A),506
                   R/W 420 BY ITS ORDER DATED 02.11.2015 IN CC NO.1939/2008
                   PASSED BY ADDL. CIVIL JUDGE AND JMFC., HOSPETE AS THE SAME
                   BEING ERRONEOUS AND NOT SUSTAINABLE IN LAW AND CONVICT
                   AND SENTENCE THE ACCUSED/RESPONDENT NO.1 HEREIN FOR THE
                   OFFENCES LEVELED AGAINST HIM P/U/S.493,494,496,498(A),506
                   R/W 420 IN THE ABOVE CASE.
                                -2-
                                      NC: 2024:KHC-D:3109
                                      CRL.A No. 100044 of 2016




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


                          JUDGMENT

This appeal is preferred by the victim/ Complainant-

Sharada against the acquittal Judgment passed in CC

No.1939/2008 dated 02.11.2015 by the Additional Civil Judge

and JMFC, Hosapete, wherein, the learned Judge acquitted the

accused/ respondent for the offence punishable under Sections

498-A, 493, 494, 496, 506 r/w Section 420 of IPC.

During the course of arguments, on 09.02.2024, it was

brought to the notice of this Court, by the learned counsel for

the appellant that, the respondent/ accused has already

expired on 17.05.2020. As such, this Court directed the learned

Addl. SPP to secure the instruction to that effect by the

concerned Police.

Today i.e., on 12.02.2024, the learned Adll.SPP has filed

a report along with a memo and death certificate of the

respondent/ accused before this Court to that effect. The same

depicts that the accused had expired on 17.05.2020.

NC: 2024:KHC-D:3109

The report submitted by the learned Addl. SPP is placed

on record and consequently, appeal stands abated on the

ground of the death of the accused/respondent.

Sd/-

JUDGE

PJ