- 1 - NC: 2025:KHC-K:1962-DB CRL.A No. 200178 of 2016 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE K NATARAJAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL CRIMINAL APPEAL NO.200178 OF 2016 (374(Cr.PC)/415(BNSS)) BETWEEN: SHRISHAIL S/O NEELAPPA KARIKALL, AGE: 27 YEARS, OCC: AGRICULTURE, R/O: KARJOL VILLAGE, TQ & DIST: VIJAYAPUR. …APPELLANT (BY SRI. R. S. LAGALI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH THE PSI, BABALESHWAR P.S, REP. BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH. …RESPONDENT (BY SRI. SIDDALING P. PATIL, ADDL SPP.) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374 (2) OF CR.P.C. PRAYING TO ADMIT THIS APPEAL, CALL FOR THE RECORDS FROM THE COURT BELOW, ALLOW THIS APPEAL AND THEREBY SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED : 10.11.2016 PASSED IN SESSIONS CASE NO.150/2015 BY THE II ADDL. SESSIONS JUDGE, VIJAYAPUR AND ACQUIT THE APPELLANT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1962-DB CRL.A No. 200178 of 2016 CORAM: HON'BLE MR. JUSTICE K NATARAJAN AND HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE K NATARAJAN) The learned counsel for the appellant has filed a memo along with the death certificate of the appellant, who said to be died on 10.02.2025. 02. The death of the appellant is admitted by the learned Addl. SPP. 03. The death certificate reveals that appellant - Sri. Shrishail was reported to be died on 10.02.2025. 04. In view of death of the sole appellant, the appeal stands abated. 05. Though, the Trial Court has imposed Rs.10,000/- fine amount as required to recover under Section 394 (2) of Cr.P.C., but the fact of the case is that the appellant said to be committed the murder of his own wife. There is no legal heirs to the appellant to come on record to prosecute the appeal. - 3 - NC: 2025:KHC-K:1962-DB CRL.A No. 200178 of 2016 06. It is also submitted that the appellant was in judicial custody after the judgment from 10.11.2016 till 04.09.2017, for nearly one year. 07. Such being the case, we are of the opinion that keeping the matter for consideration does not arise. 08. Hence, the appeal stands dismissed as abated. 09. Office is directed to send back the Trial Court records along with copy of this judgment forthwith. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE KJJ List No.: 1 Sl No.: 42 CT:SI