Appeal by complainant against acquittal dismissed abated due to death of accused resulting in appeal. Public Prosecutor reported accused died in 2010 invoked Section 394 CrPC abatement. Appeal removed from record without merits hearing.
Criminal appeal dismissed as abated due to death of the accused under Section 394 of the Code of Criminal Procedure.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
TUESDAY, THE 15TH DAY OF SEPTEMBER 2015/24TH BHADRA, 1937
CRL.A.No. 460 of 2003 (A)
Crl.MC 1719/2003 of HIGH COURT OF KERALA
CC 263/2000 OFJUDICIAL FIRST CASS MAGISTRATE COURT,VADAKARA
APPELLANT(S)/COMPLAINANT:
KUNHIMOOSA K.P.
S/O. IBRAHIM, AGED 30 YEARS, KOLLAPARAMBATH HOUSE VILLIAPPALLY P.O.
BY ADV. SRI.V.N.RAMESAN NAMBISAN
RESPONDENT(S)/ACCUSED:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. E.I.KUTAPPAN, AGED 68 YEARS,
R2 BY ADV. SRI.V.RAJAGOPAL
BY PUBLIC PROSECUTOR SMT SEENA RAMAKRISHNAN
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 15-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SKV
K.RAMAKRISHNAN, J.
===================
Crl. Appeal No.460 OF 2003
======================= Dated this the 15th day of September, 2015
JUDGMENT
This is an appeal filed by the complainant in C.C.No.263/2000 on the file of the Judicial First class Magistrate Court, Vadakara against order of acquittal passed by the learned Magistrate. When the case came up for hearing on the last hearing day, the counsel representing the counsel who appeared earlier viz, late Shri.Rajagopal submitted that both the counsel and the 2nd respondent were no more. This court has directed the learned Public Prosecutor to ascertain about the fact. When the case came up for hearing today learned Public Prosecutor on instructions from the Sub Inspector of Police Valapattanam submitted that the accused in this case is no more and he died in the year 2010. Under Section 394 of the Code of Criminal Procedure in an appeal filed under
Crl. Appeal No.460 OF 2003 2
Section 377 and 378 of Code of Criminal Procedure on the
death of the accused the appeal will abate. Since in this
case the accused is no more the appeal stands abated. So the appeal is dismissed as abated.
Office is directed to communicate this judgment to the concerned court immediately.
Sd/K.RAMAKRISHNAN, JUDGE
SKV
2 issues framed by the court
Whether the criminal appeal stands abated upon the death of the accused?
What is the effect under Section 394 CrPC when the accused dies before the final hearing?
2 provisions across 1 enactments
KUNHIMOOSA K.P.
STATE OF KERALA
E.I.KUTAPPAN
K.RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
