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2022 Supreme(Kar) 27

K.SOMASHEKAR, P.N.DESAI
State of Karnataka, Akkur Police Station, Rep. by State Public Prosecutor – Appellant
Versus
Yogesha M. N. , S/o. Nagaraju – Respondent


Advocates Appeared:
For the Appellant : Sri. Rahul Rai K. – HCGP.
For the Respondents: Sri. Bhaskara Heggade C.K.

JUDGMENT :

The appeal is set down for Orders. But learned HCGP Shri Rahul Rai K for the State is present before court physically and submits that Accused No.1 / Yogesha M.N. S/o. Nagaraju has died during the pendency of this appeal. Therefore, the appeal against him stands abated according to the provision of Section 394(2) of the Cr.P.C. This submission made by the learned HCGP for the State is placed on record and also the fair submission made by the learned HCGP for the State is acknowledged.

Accused No.1 as well as the remaining accused in Spl.Case No.97/2014 and Spl. Case No.101/2015 have faced trial before the Trial Court, but the case has ended in acquittal against all of the accused. The entire role is made against Accused No.1 only. But, the case against the said Accused No.1 stands abated as under Section 394(2) Cr.P.C. Therefore, the matter even though is set down for Orders, it is taken up for final disposal, where the remaining accused Nos.2 to 7 are arraigned as respondent Nos.2 to 7 in this appeal. Their counsel during the course of trial has taken defence and the same can be seen in the impugned judgment of acquittal rendered by the Trial Court and the cross-examinati

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