On the death of the appellant, the High Court held that the criminal appeal abated under Section 394 Cr.P.C., with the exception of an appeal against a sentence of fine.
The criminal appeal is disposed of as abated except an appeal from a sentence of fine.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.D.RAJAN
THURSDAY, THE 31ST DAY OF MARCH 2016/11TH CHAITHRA, 1938
CRL.A.No. 1159 of 2004 (B)
AGAINST THE JUDGMENT IN SC 141/2002 of ADDL.SESSIONS JUDGE, FAST TRACK COURT-II,ALAPPUZHA DATED 02-07-2004
APPELLANT(S)/ACCUSED:
SURENDRAN, S/O.CHELLAPPAN, PUTHENPARAMBIL, MUTTAR POST,, PATHANAMTHITTA.
BY ADV. SRI.K.A.SALIL NARAYANAN
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA, REP: BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. N. SURESH.
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 31-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
acd
P.D. RAJAN, J.
Crl.Appeal No.1159 of 2004
Dated this the 31st day of March, 2016
ORDER
The Excise Inspector, Kuttanad is present today. He
handed over a postal cover and letter received from the
Excise Range Office, Thrithala. He submitted that the letter
issued from this Court was mistakenly sent to Kuttanadu in Palakkad instead of Kuttanad in Alappuzha, which is clear from
the letter issued by the Excise Inspector, Thrithala.
In the circumstances, further action against the Excise
Inspector, Kuttanad is dropped.
P.D. RAJAN, JUDGE.
acd
P.D. RAJAN, J.
Crl.Appeal No.1159 of 2004
Dated this the 31st day of March, 2016
JUDGMENT
As per the direction from this Court, The Excise
Inspector, Excise Range Office, Kuttanad filed a report along
with Death Certificate of the appellant, which is marked as
Ext.C1. As per Ext.C1, the appellant died on 5.8.2010 and the
legal heirs were not impleaded in this appeal after his death.
In the circumstances, this appeal is disposed of as
abated u/s.394 Cr.P.C. except an appeal from a sentence of
fine.
P.D. RAJAN, JUDGE.
acd
1 issue framed by the court
Whether the criminal appeal abated on account of the death of the appellant.
1 provisions across 1 enactments
SURENDRAN
STATE OF KERALA
P.D. RAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
