The High Court of Kerala abated a criminal appeal filed by Kunjukkutty under Section 394 CrPC, as the appellant was reported to have died on 23.10.2012, with no legal heirs impleaded.
The appeal was abated and disposed of as the appellant had died without legal heirs being impleaded.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.D.RAJAN
THURSDAY, THE 3RD DAY OF MARCH 2016/13TH PHALGUNA, 1937
CRL.A.No. 1991 of 2003 (D)
AGAINST THE JUDGMENT IN SESSIONS CASE NO.467/2001 OF THE ADDITIONAL DISTRICT AND SESSIONS COURT (ADHOC)-II, PATHANAMTHITTA DATED 07-11-2003.
APPELLANT/ACCUSED :
KUNJUKUTTY, S/O. VARGHESE, PADINJARE KALEECKAL VEEDU, MANGARAMKARA, PANDALAM VILLAGE, ADOOR TALUK.
BY ADV. SRI.P.GOPALAKRISHNAN NAIR
RESPONDENT/COMPLAINANT :
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR : SRI. DHANESH MATHEW
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 03-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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P.D. RAJAN, J.
Crl. A. No. 1991 of 2003
--------------------------------------------------Dated this the 03rd day of March, 2016
JUDGMENT
When this appeal came up for hearing, there was no representation for the appellant. In the circumstances, this Court had directed the Excise Inspector, Adoor to furnish a report about the appellant. Accordingly, the Excise Inspector, Adoor reported that the appellant died on 23.10.2012 and he produced the death certificate issued from the Secretary, Pandalam Grama Panchayath. After his death, his legal heirs were not impleaded. The death certificate shows that accused died on 23.10.2012 and it is marked as Ext.C1.
In the circumstances, this appeal is abated under Section 394 of the Code of Criminal Procedure except an appeal from
Crl. A. No. 1991 of 2003
-2-
a sentence or fine. Hence this appeal is disposed of as
abated.
P.D. RAJAN JUDGE
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//TRUE COPY//
P.A. TO JUDGE
1 provisions across 1 enactments
KUNJUKUTTY
STATE OF KERALA
P.D. RAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
