Karnataka High Court
Suresh S/O Shivalingappa Bhagvanpur vs The State Of Karnataka on 13 August, 2012
Author: Anand Byrareddy
Bench: Anand Byrareddy
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IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 13TH DAY OF AUGUST, 2012
BEFORE
THE HON'BLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL REVISION PETITION No.2323 OF 2009
BETWEEN:
Suresh,
S/o. Shivalingappa Bhagvanpur,
Aged about 45 years,
Occupation: Driver,
Residing at Gulikatti Oni,
Haveri,
Taluk & District: Haveri. ... PETITIONER.
(By Shri Suresh N. Navalgund, Advocate.
Appellant expired)
AND:
The State of Karnataka,
By Haveri Rural Police,
Represented by
The State Public Prosecutor,
High Court of Karnataka,
Circuit Bench at Dharwad,
P.B. Road, Dharwad. ... RESPONDENT.
(Shri V.M. Banakar, Additional State Public Prosecutor)
This Criminal Revision Petition is filed under Section
397 read with 401 of the Cr.P.C praying to call for records
and set-aside the judgment and order of confirmation
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dated 12.10.2009 passed by the Sessions Judge, Haveri,
in Crl.A.No.13/2006 consequently setting aside the
judgment and order of conviction and sentence dated
15.03.2006 passed by the Civil Judge (Jr.Dn) and JMFC,
Haveri in C.C.No.31/2005 and acquit the petitioner of all
the charges.
This Criminal Petition coming on for orders, this
day, the court made the following:
ORDER
The learned counsel for the petitioner has produced the Death Certificate of the petitioner.
In view of the fact that for the offences punishable under Sections 304A, 337 and 338 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.', for brevity) and for the offence punishable under Section 134(b) read with Section 187 of the Motor Vehicles Act, 1988 petitioner having been convicted and directed to pay fine and undergo imprisonment, the petitioner having paid the fine and in view of his death, the petition abates.
Sd/-
JUDGE KS