Sukumara S/O Late Nagendra vs State Of Karnatka
2024 Latest Caselaw 496 Kant

Karnataka High Court

Sukumara S/O Late Nagendra vs State Of Karnatka on 5 January, 2024

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                                 -1-
                                                               NC: 2024:KHC:567
                                                         CRL.A No. 1214 of 2012




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 5TH DAY OF JANUARY, 2024

                                               BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                 CRIMINAL APPEAL NO. 1214 OF 2012
                      BETWEEN:

                          SUKUMARA
                          S/O LATE NAGENDRA
                          AGED ABOUT 28 YEARS
                          RESIDENT OF KADAKALAKERI
                          YALANDUR TOWN
                          CHAMARAJANAGARA DISTRICT.
                                                                  ...APPELLANT
                      (BY SMT. SANDHYA JAMADAGNI, ADVOCATE)
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI       AND:
Location: HIGH
COURT OF
KARNATAKA                 STATE OF KARNATKA
                          THROUGH THE STATION HOUSE OFFICER
                          YALANDUR POLICE STATION
                          YALANDUR.
                          REPRESENTED BY THE
                          STATE PUBLIC PROSECUTOR
                          BANGALORE.
                                                                ...RESPONDENT
                      (BY SMT. N ANITHA GIRISH, HCGP)

                           THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET
                      ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED
                      28.08.2012 PASSED BY THE P.O., FT.C., KOLLEGAL SITTING AT
                      CHAMARAJANAGAR IN S.C.No.35/2010 - CONVICTING THE
                      APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 417 OF IPC THE
                      APPELLANT/ACCUSED IS SENTENCED TO UNDERGO R.I. FOR 6
                      MONTHS AND TO PAY A FINE OF RS.30,000/-, IN DEFAULT OF
                      PAYMENT OF FINE, HE SHALL UNDERGO R.I. FOR 2 MONTHS
                      FOR THE OFFENCE P/U/S 417 OF IPC.

                          THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
                      COURT DELIVERED THE FOLLOWING
                               -2-
                                             NC: 2024:KHC:567
                                      CRL.A No. 1214 of 2012




                          JUDGMENT

Learned counsel for the appellant has filed a memo

reporting the death of the appellant along with photocopy of

the death certificate.

2. As per the death certificate, the date of death of

the appellant is 24.09.2015.

3. In view of the death of the appellant, the appeal

is dismissed as abated.

4. The Trial Court is directed to make payment of

compensation amount to the victim girl out of fine amount

deposited as per order dated 28.08.2012 passed by the

Trial Court.

5. The Trial Court is directed to secure the victim

for making payment of compensation amount to the victim

girl.

Sd/-

JUDGE

DSP