The High Court held that the criminal appeal abated due to the appellant's death. However, as no leave petition was filed by relatives and no ground existed for interfering with the sentence of fine, the appeal was dismissed after perusing the records.
The appeal was dismissed after perusing the records.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.D.RAJAN
FRIDAY, THE 12TH DAY OF FEBRUARY 2016/23RD MAGHA, 1937
CRL.A.No. 1359 of 2004 ( )
AGAINST THE JUDGMENT IN SC 490/2002 of ADDL.SESSIONS COURT (ADHOC), ALAPPUZHA DATED 07-07-2004
AGAINST THE JUDGMENT IN CP 35/2002 of J.M.F.C., HARIPAD
APPELLANT/ACCUSED:
KUTTAN, S/O.KOCHUMMANI, AGED 60 YEARS, VALAYAPARAMBIL, PUTHUKANDAM MURI WARD NO.III, KARTHIKAPPALLY.
BY ADVS.SRI.DENIZEN KOMATH SRI.T.R.RAJAN SMT.SHAIMA .U.
RESPONDENT(S)/COMPLAINANT AND STATE:
STATE OF KERALA REPRESENTED BY THE EXCISE INSPECTOR, KARTHIKAPPALLY RANGE ALAPPUZHA THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PP SRI DHANESH MATHEW MANJOORAN
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 12-022016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.D.RAJAN, J
..................................... Crl.A.No.1359 of 2004
................................... Dated 12th February, 2016
JUDGMENT
On 8.2.2016, this court directed the Excise Inspector, Karthikapally to serve notice on the appellant. Today, when the matter came up for hearing, the Excise Inspector, Karthikappally reported that appellant died on 26.3.2011 and
he has produced the death certificate of Kuttan which is marked as Ext.C1 issued by Secretary, Ambalapuzha North Grama Panchayat. Leave petition is not filed by the near relatives. Hence the appeal is abated on the death of the appellant except an appeal from the sentence of fine. According to Section 386 Cr.P.C, after perusing the records, if there is no sufficient ground for interfering with the appeal, this court can dispose of the appeal. Hence this appeal is dismissed after perusing the records (Relied the decision in Syam Deo Pandey V. State of Bihar (1971(1) SCC 855)).
P.D.RAJAN, JUDGE
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1 issue framed by the court
Whether the criminal appeal abates on the death of the appellant.
Colour shows how this judgement treated each authority
Syam Deo Pandey V. State of BiharRelied on¶19
Syam Deo Pandey V. State of Bihar (1971(1) SCC 855) · Who else cites this
1 provisions across 1 enactments
KUTTAN, S/O.KOCHUMMANI
STATE OF KERALA
P.D.RAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
