Somashekar vs State Of Karnataka
2024 Latest Caselaw 1507 Kant

Karnataka High Court

Somashekar vs State Of Karnataka on 17 January, 2024

                                            -1-
                                                         NC: 2024:KHC:2275-DB
                                                         CRL.A No. 269/2018




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                   DATED THIS THE 17TH DAY OF JANUARY, 2024
                                        PRESENT
                       THE HON'BLE MRS JUSTICE K.S.MUDAGAL
                                            AND
                    THE HON'BLE MR JUSTICE VENKATESH NAIK T
                        CRIMINAL APPEAL NO. 269/2018 (C)

                BETWEEN:

                SOMASHEKAR
                S/O GOVINDE GOWDA
                AGED ABOUT 37 YEARS
                R/AT HULIKALLU VILLAGE
                DODDAMAGE HOBLI
                ARKALGUD TALUK
                HASSAN DISTRICT - 573 130
                                                                 ...APPELLANT
                (BY SRI.Y.S.SHIVA PRASAD, ADVOCATE)
                AND:

                STATE OF KARNATAKA
                BY KONANUR P.S
Digitally       REPRESENTED BY SPP
signed by K S   HIGH COURT BUILDINGS
RENUKAMBA
                BANGALORE - 560 001
Location:
High Court of                                                  ...RESPONDENT
Karnataka
                (BY SRI.VIJAYA KUMAR MAJAGE SPP-II A/W
                    SMT.SOWMYA R, HCGP)
                      THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2)
                CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION
                08.12.2017 AND ORDER OF SENTENCE DATED 11.12.2017 PASSED
                BY THE PRINCIPAL SESSIONS JUDGE, HASSAN IN S.C.NO.201/2013
                CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE
                PUNISHABLE UNDER SECTION 302 OF IPC.

                     THIS APPEAL COMING ON FOR ORDERS             THIS   DAY,
                K.S.MUDAGAL J., DELIVERED THE FOLLOWING:
                                  -2-
                                               NC: 2024:KHC:2275-DB
                                                CRL.A No. 269/2018




                         JUDGMENT

As per the report and the copy of the death certificate

produced by the jurisdictional police, the appellant died on

28.04.2021. Therefore, the appeal against him abated. So far

as sentence of imprisonment, if the fine amount is not already

deposited, the trial Court shall take steps to recover the same

against his estate.

2. Acting under Section 357A of Cr.PC, the matter is

referred to the jurisdictional District Legal Services

Authority/Victim Compensation Committee for determination

and payment of compensation to PWs.1 & 2 the parents of the

victim.

Communicate of the copy of this order to the trial Court.

Sd/-

JUDGE

Sd/-

JUDGE

PKN