Karnataka High Court
Mr Eric Robert Rego vs Mr Mark D'Paul on 3 June, 2013
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Dated this the 3rd day of June 2013
BEFORE
THE HON'BLE MR. JUSTICE B.V. PINTO
Criminal Appeal No.1313/2007
BETWEEN:
Mr. ERIC ROBERT REGO
AGED 55 YEARS
S/o. ALEXANDER REGO
ROMAN CATHOLIC
R/o. NIDDEL HOUSE
KULSHEKAR POST
MANGALORE ... APPELLANT
(By Sri H.MALATHESH, ADV., FOR Sri P.P.HEGDE, ADV.,)
AND:
Mr. MARK D'PAUL
AGED 62 YEARS
S/o. LATE JEROME PAUL
ROMAN CATHOLIC
R/at PALDANE HOUSE
NERMARGA POST
MANGALORE TALUK ... RESPONDENT
(By Sri. S.G. BHAGAVAN, ADV., )
THIS CRL.A FILED U/S.378(4) CR.P.C BY THE ADVOCATE
FOR THE APPELLANT PRAYING TO SET ASIDE THE JUDGMENT
DT.21.6.2007 PASSED BY THE ADDL. S.J. D.K., MANGALORE IN
CRL.A.NO.379/2004, SET ASIDE THE JUDGEMENT OF
CONVICTION AND ORDER OF SENTENCE DT.29.10.2004 PASSED
BY THE J.M.F.C. (II COURT), MANGALORE IN C.C.NO.4172/1998
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AND CONSEQUENTLY CONFIRM THE JUDGMENT OF CONVICTION
AND ORDER OF SENTENCE DT.29.10.2004 PASSED BY THE
LEARNED J.M.F.C., II COURT, MANGALORE IN
C.C.NO.4172/1998.
THIS CRIMINAL APPEAL IS COMING ON FOR ORDERS
THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT
Though by order dated 13.3.2013, this appeal was restored and it was directed that the appellant shall pay a cost of `500/- to the respondent, learned Counsel submits that the respondent has expired.
2. Sri H. Malathesh, learned Counsel appearing for the appellant submits that he has already deposited a sum of `500/- before the Registry today.
3. Having regard to the fact that the respondent has expired, which fact is not disputed by either side, respondent being an accused, the case against him abates. Hence, the appeal is closed as abated.
Sd/-
JUDGE cp*