The High Court disposed of the Criminal Appeal relating to an NDPS case by declaring it abated due to the death of the appellant. An appeal against the fine sentence alone was retained for appeal by the legal heir.
Appeal disposed of as abated; fine sentence appeal retained for legal heir.
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
WEDNESDAY, THE 30TH DAY OF MARCH 2016/10TH CHAITHRA, 1938
CRL.A.No. 2183 of 2005 ( )
AGAINST THE JUDGMENT IN S.C. NO. 70/2004 OF ADDITIONAL SESSIONS JUDGE/SPECIAL JUDGE FOR NDPS ACT CASES, THODUPUZHA DATED 28-11-2005
APPELLANT(S)/ACCUSED :
SREEDHARAN, S/O.CHANDRAN, AGED 79 YEARS, CHETTUTHADATHIL HOUSE, PEZHUMKAVALA, KATTAPPANA VILLAGE, IDUKKI DISTRICT.
BY ADVS. SRI. O.P.NANDAKUMAR SRI. V.A.AJAIKUMAR
RESPONDENT(S)/COMPLAINANT :
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM.
2. THE ADDITIONAL SUB INSPECTOR OF POLICE, KATTAPPANA POLICE STATION, KATTAPPANA, IDUKKI DISTRICT.
BY PUBLIC PROSECUTOR SRI. N. SURESH
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 30-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
NS
P.D. RAJAN, J.
Crl. Appeal No.2183 of 2005
Dated this the 30th day of March, 2016
J U D G M E N T
As per the direction of this court on 14.03.2016,
the Sub Inspector, Kattappana Police station reported that the appellant died on 21.01.2007 and produced the death certificate of Sri. Sreedharan, which is marked as Ext.C1. As per Ext.C1, the appellant died on 21.01.2007 at Medical College hospital, Kottayam.
In the circumstance, this appeal is disposed of as abated except an appeal from the sentence of fine on the death of the appellant under Sec.394 of the Code of Criminal Procedure.
Sd/-
P.D. RAJAN JUDGE
/True Copy /
NS/30/03/2016
P.A. To Judge
1 provisions across 1 enactments
SREEDHARAN
STATE OF KERALA
P.D. RAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
