This court disposed of a criminal appeal filed by an appellant who was alleged to have murdered a deceased person. After the appellant's counsel submitted that the accused died and an enquiry confirmed his death, the court held the appeal abated under Section 394 Cr.P.C, except for any fine quantum, and disposed of it accordingly.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.D.RAJAN
MONDAY, THE 14TH DAY OF MARCH 2016/24TH PHALGUNA, 1937
CRL.A.No. 1087 of 2004 (A)
AGAINST THE JUDGMENT IN SC 653/2000 of ADDL.SESSN.COURT (ADHOC-II) KASARAGODE
APPELLANT/APPELLANT/ACCUSED::
SAILESH @ SAILESH KUMAR @ RAJ S/O. GOPAL, BIJAI NEW ROAD, MANJAPPA COMPOUND, MANGALORE-41.
BY ADVS. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH
SRI.K.JAYESH MOHANKUMAR
RESPONDENT/COMPLAINANT::
THE STATE OF KERALA, REPRESENTED BY THE
PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM., (CRIME NO.181 OF 1999 OF MANJESWAR POLICE, STATION).
BY PP SRI N SURESH
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 14-032016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.D.RAJAN, J
Crl.A.No.1087 of 2004 ....................................... Dated 14th March, 2016
The learned counsel appearing for the appellant submitted that he sent a registered notice to the appellant, which was returned with the endorsement, “addressee died”. Even though earnest efforts were made by him to trace out the legal heirs, it was in vain. In the circumstance, this court directed DySP, Kasargod to conduct an enquiry and furnish a report. Accordingly, Dy.SP, Kasargod reported that appellant was murdered on 1.12.2012 in Crime No.173 of 2012 of Mangalore east police station under Section 302 read with 34 IPC. He verified the Death Certificate issued by the Registrar of birth and death, Corporation City of Mangalore, the post mortem report and copy of the F.I.R in crime No.173 of 2012. The above documents are also produced along with the report. The death certificate is marked as Ext.C1. F.I.R is marked as Ext.C2, Post mortem certificate is marked as Ext.C3, Express report is marked
Cra 1087/2004 2
as Ext.C4. Ext.C1 shows that he died on 1.12.2012 and therefore this appeal is abated under Section 394 Cr.P.C, except appeal from the fine. Hence this appeal is disposed of as abated.
P.D.RAJAN, JUDGE
lgk
1 issue framed by the court
Whether the criminal appeal abates pursuant to the death of the appellant?
1 provisions across 1 enactments
SAILESH @ SAILESH KUMAR @ RAJ
THE STATE OF KERALA
P.D.RAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
