K.A. SHIVAPPA GOWDA Vs. B.L. JAYESHA

JUDGEMENT

(1.) The present appeal is filed by the appellant-complainant against the impugned judgment and order of acquittal dated 20-8-2014 made in Sessions Case No. 138 of 2010 on the file of II Additional Sessions Judge, Chikmagalur, acquitting the accused for the offences punishable under Section 498A, 304B of the Indian Penal Code (for short, 'the IPC) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for short, 'the D.P. Act').

(2.) The appeal came to be admitted by this Court on 10-3-2016. After hearing the learned counsel for the appellant-complainant, the learned counsel for respondent No. 1-accused and the learned State Public Prosecutor for respondent No.2-State, this Court by a detailed

(3.) On 20-10-2020, the learned counsel for respondent No.1-accused filed a 'Memo for Being Spoken To', wrongly mentioned as Advocate for the petitioner. It is stated that this Court partly allowed the appeal on 13-10-2020 and the appellant in the present case expired on 4-11-2018. In spite of the appellant being dead, it is not brought to the notice of the Court and the prosecution of the appeal is bad in law. Therefore, the respondent prayed this Court to allow the memo in the interest of justice. Subsequently, on 29-10-2020, the learned counsel for the appellant has filed I.A. No. 1 of 2020 under Sections 372 and 482 of the Cr.P.C. for imp leading Smt. Hemavathi, wife of the appellant, as the appellant. The learned counsel for the accused opposed I.A. No.1 of 2020 by filing the statement of objections on 30-11-2020.