Smt. Prabhavathi vs Sachin V
2024 Latest Caselaw 12044 Kant

Karnataka High Court

Smt. Prabhavathi vs Sachin V on 30 May, 2024

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                                -1-
                                                            NC: 2024:KHC:18220
                                                        CRL.A No. 1617 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 30TH DAY OF MAY, 2024

                                              BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                               CRIMINAL APPEAL No. 1617 OF 2023
                      BETWEEN:

                         SMT. PRABHAVATHI
                         W/O SARVOTHAMMA SURESH
                         AGED ABOUT 64 YEARS
                         RTD, HEALTH DEPARTMENT EMPLOYEE
                         R/AT S. BOMMENAHALLI VILLAGE
                         SAKHARAYAPATNA HOBLI, KADUR TALUK
                         CHIKKAMAGALURU DISTRICT - 577 548.
                                                              ...APPELLANT

                      (BY SRI LOURDU MARIYAPPA A, ADVOCATE)
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI       AND:
Location: HIGH
COURT OF
KARNATAKA                SACHIN V
                         S/O VIJAYKUMAR
                         AGED ABOUT 36 YEARS
                         ASSITANT LAND RECORDER
                         R/AT K R PURAM
                         BENGALURU EAST TALUK
                         BENGALURU - 560 036.
                                                              ...RESPONDENT

                            THIS CRL.A IS FILED U/S 378(2)(b) CR.PC PRAYING TO
                      CONSEQUENTLY SET ASIDE THE JUDGMENT PASSED BY THE
                      HON'BLE II ADDITIONAL CIVIL JUDGE AND JMFC AT KADUR IN
                      C.C.No.2358/2022, DATED 31.05.2023 AT ANNEXURE-A AND
                      ETC.,

                          THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
                      COURT DELIVERED THE FOLLOWING:
                               -2-
                                          NC: 2024:KHC:18220
                                      CRL.A No. 1617 of 2023




                         JUDGMENT

The notice sent to the respondent is returned with

police report that respondent is dead along with death

certificate of the respondent. As per the death certificate,

date of death is 28.02.2024.

2. The appeal is filed by the complainant

challenging the judgment of acquittal. Respondent was

accused before the Trial Court. In view of the death of the

respondent -accused, appeal abates.

3. Hence, appeal is dismissed as abated.

4. Learned counsel for the appellant submits

that he will apply for certified copy of police report and

death certificate of respondent.

5. If he applies, office is directed to supply

the same.

Sd/-

JUDGE DSP