Bengaluru: The Karnataka High Court, which gave three-month rigorous imprisonment to a man accused of attempted murder in 2010, recalled its order in August this year after being informed that he was dead when the order was passed six years ago.
According to reports, the high court in its latest judgement nullified the order, saying, “The death was not brought to the notice of this Court at the time of disposal of the appeals. It is a settled position in law that a judgement or an order passed against a dead person is a nullity in law."
The dead person was identified as Swamygowda who along with Basavaraju was charged with attempt to murder, culpable homicide and voluntarily causing grievous hurt.
However, a trial court found them not guilty of murder and culpable homicide, and ordered them to pay fines for voluntarily causing grievous hurt.
The trial court sentencing was challenged in the high court, which in July 2010 sentenced the duo to three months' rigorous imprisonment and increased the amount of fine, not knowing that Swamygowda had died in March 2008.
The order was recalled on August 16 this year after Swamygowda’s wife submitted an application to the high court informing it about her husband’s death.
