The appeal was heard in absentia. The court was informed that the appellant died in 2009 and no leave petition was filed. Consequently, the appeal abated except for the sentence of fine, which was dismissed after perusing the records.
The appeal is abated except regarding the sentence of fine, which has been dismissed.
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
MONDAY, THE 8TH DAY OF FEBRUARY 2016/19TH MAGHA, 1937
CRL.A.No. 2241 of 2005 ( )
AGAINST THE JUDGMENT IN SC 144/2003 of ADDITIONAL SESSIONS JUDGE (ADHOC-III), KASARAGODE DATED 25-11-2005
APPELLANT(S)/ACCUSED:
RAGHAVAN, S/O.CHEROOLAN, HARIJAN COLONY, CHAYYOM, KINANOOR VILLAGE, HOSDURG.
BY ADVS.SRI.M.THAMBAN SMT.T.SUDHAMANI
RESPONDENT(S)/COMPLAINANT:
THE STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN.
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 08-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
acd
P.D. RAJAN, J.
Crl.Appeal No.2241 of 2005
Dated this the 8th day of February, 2016
JUDGMENT
On 25.1.2016, the appellant was absent and no
representation. In the circumstances, this Court was directed to issue notice to the appellant through Excise Inspector, Neeleshwar to appear before this Court on 8.2.2016.
Excise Inspector, Neeleshwar Range has reported that the appellant died on 16.6.2009 at Fr. Mullar Medical College Hospital, Kankanady, Mangalore and produced a Death Certificate
issued by the Registrar of Births and Deaths, Mangalore, which is marked as Ext.C1. Leave petition is not filed by the near relatives.
Hence, the appeal is abated on the death of the appellant
Crl. Appeal No.2241/2005 2
except an appeal from the sentence of fine. According to S.386 Cr.P.C., after perusing the records, if there is no sufficient ground for interfering the appeal, this Court can dispose the appeal. Hence this appeal is dismissed after v. perusing the records (Relied decision in Syam Deo Pandey State of Bihar [1971 (1) SCC 855].
P.D. RAJAN, JUDGE.
acd
Crl. Appeal No.2241/2005 3
2 issues framed by the court
Whether the criminal appeal abates due to the death of the appellant.
Whether to dismiss the appeal on insufficient ground for interference under Section 386 Cr.P.C.
Colour shows how this judgement treated each authority
Syam Deo Pandey v. State of BiharRelied on¶26
Syam Deo Pandey v. State of Bihar [1971 (1) SCC 855] · Who else cites this
1 provisions across 1 enactments
RAGHAVAN
THE STATE OF KERALA
P.D. RAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
