Citation : 2024 Latest Caselaw 767 Kant
Judgement Date : 9 January, 2024
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NC: 2024:KHC:933
CRL.RP No. 50 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE G BASAVARAJA
CRIMINAL REVISION PETITION NO. 50 OF 2016
BETWEEN:
SRI. SATHISH ACHARYA,
AGED ABOUT 40 YEARS,
S/O MAHABALA ACHARYA,
R/AT KAINTHILA HOUSE,
VITTAL KASBA VILLAGE,
BANTWAL TALUK, D.K - 574 201.
...PETITIONER
(SRI. SATHISH ACHARYA, PETITIONER (DEAD) )
AND:
THE STATE OF KARNATAKA,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
Digitally signed BANGALORE - 560 001.
by SANDHYA S
Location: High ...RESPONDENT
Court of
Karnataka (BY SRI. M.R. PATIL, HCGP)
THIS CRL.RP IS FILED U/S.397 OF CR.P.C PRAYING TO
SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION
DATED 08.08.2012 MADE IN C.C.NO.2605/2006 BY THE COURT
OF ADDL. CIVIL JUDGE AND JMFC, PUTTUR, D.K. AND THE
JUDGMENT AND ORDER DATED 28.12.2015 MADE IN
CRL.A.NO.228/2012 BY THE COURT OF V ADDL. DIST. AND
S.J., MANGALURU, SITTING AT PUTTUR, D.K. AND ACQUIT HIM
OF THE OFFENCES WITH WHICH HE WAS CONVICTED BY THE
COURTS BELOW.
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NC: 2024:KHC:933
CRL.RP No. 50 of 2016
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The trial Court has convicted accused No.2-Sri.Sathish
Acharya for the commission of offence punishable under
Section 3 read with 25 of Indian Arms Act and sentenced to
undergo simple imprisonment for one year and to pay fine of
Rs.1,000/-, in default of payment of fine, he shall further
undergo a simple imprisonment for a period of one month.
2. Being aggrieved by this impugned judgment of
conviction and order of sentence Sri.Sathish Acharya has
preferred appeal before the V Additional District and Sessions
Judge, D.K. Mangaluru, sitting at Puttur, D.K in
Crl.A.No.228/2012. Same came to be dismissed on
28.12.2015. As against this, Sri.Sathish Acharya has preferred
this revision petition.
3. The Inspector of Police, Vittal Police station,
Dakshina Kannada has submitted a report that Sri.Sathish
Acharya has passed away. In this regard, he has also produced
NC: 2024:KHC:933
the copy of the death certificate pertaining to Sri.Sathish
Acharya who died on 19.12.2021.
3. In view of death of accused No.2/revision petitioner
case against revision petitioner stands abated.
Registry is directed to return the records to the concerned
Courts along with the copy of this order.
Sd/-
JUDGE
PK
CT: BHK
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