Disposed

Philip v. State of Kerala

Kerala HC26 Feb 2016CRL.A/513/2004

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a criminal appeal filed against a conviction and sentence for illicit possession of arrack. The appellant, aged 62, was found deceased. The court accepted the death certificate and held the appeal to be abated under Section 394 Cr.P.C due to the death of the appellant without legal heirs impleaded within the specified timeframe.

What did the court decide?

The appeal was disposed of as abated due to the death of the appellant without intervention by legal heirs.

Philip Vs State of Kerala — Cheque Dishonour | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.D.RAJAN

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FRIDAY, THE 26TH DAY OF FEBRUARY 2016/7TH PHALGUNA, 1937

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CRL.A.No. 513 of 2004 (A)

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AGAINST THE JUDGMENT IN SC 2/2002 of ADDL.SESSIONS COURT (ADHOC)-II, THODUPUZHA DATED 25-02-2004

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APPELLANT/ACCUSED.:

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PHILIP, S/O.ULAHANNA, MENAMTHUNDATHIL HOUSE, MANKULAM KARA AND VILLAGE.

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BY ADVS.SRI.P.RAMAKRISHNAN

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SRI.V.V.NANDAGOPAL NAMBIAR

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RESPONDENT/COMPLAINANT.:

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STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM(CIRCLE INSPECTOR OF POLICE, MOONAR).

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BY PP SRI N SURESH

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THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 26-022016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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P.D.RAJAN, J

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......................................... Crl.A. 513 of 2004 ....................................... Dated 26^th February, 2016

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JUDGMENT

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This appeal is preferred against the conviction and sentence in S.C.2 of 2002 of the additional Sessions Judge (Adhoc II), Thodupuzha by the accused. The charge against the accused is that on 7.9.2000 at 1.25 pm, he was found in possession of a white can containing 1.750 litres of arrack on the pathway leading to Parvathymala in front of the residential house of one Soman in Moonnar Grama Panchayat by the C.I of Police, Moonnar. He was arrested and the contraband articles were seized, reaching at the Moonnar police station, he registered a crime, after completing investigation, additional S.I of Police laid charge before Judicial First Class Magistrate, Devikulam. Subsequently, it is made over to Additional Sessions Judge, Adhoc II.

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During trial, prosecution examined five witnesses and marked Ext.P1 to P10 as documentary evidence. Material objects were marked as MO1 to MO7. The

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Cra 513/2004

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incriminating circumstances brought out in evidence were denied by the accused while questioning him. He did not adduce any defence evidence. Learned Additional Sessions Judge convicted the accused and sentenced to rigorous imprisonment for one year and fine of Rs.1 lakh, in default, to undergo simple imprisonment for a period of two months. Being aggrieved by that, accused preferred this appeal.

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When the appeal came up for hearing, learned counsel submitted that the whereabouts of the appellant

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is not known and at the time of filing the appeal, he was 62 years of age. In the circumstances, this court directed the C.I of Police, Moonnar to furnish a report. Accordingly, he filed a report stating that on 14.6.2008, appellant Philip died. He produced the Death Certificate issued from Vattikudy grama panchayat, which is marked as Ext.C1. In the circumstances, this appeal is abated under Section 394 Cr.P.C, on the death of the appellant except an appeal from the sentence of fine. No legal heirs were impleaded within 30 days from the date of

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Cra 513/2004 3

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death of the appellant and no petition is pending. This

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appeal is disposed of as abated.

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P.D.RAJAN, JUDGE

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lgk

Philip v. State of Kerala

Case brief

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Philip v. State of Kerala

Case brief

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