P.S. Hamsa v. Dr.M.K. Basheer and Others
Case brief
What is this about?
This appeal is abated due to the death of the appellant, thus dismissing the challenge to the acquittal judgment.
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 B.KEMAL PASHA
MONDAY, THE 17TH DAY OF OCTOBER 2016/25TH ASWINA, 1938
CRL.A.No. 581 of 2009
JUDGMENT DATED 17-11-2008 IN CC 493/1991 OF CHIEF JUDICIAL MAGISTRATE, KOTTAYAM
APPELLANT(S)/COMPLAINANT:
P.S. HAMSA, CHALAPPARAMBIL, THAZHATHANGADY, KOTTAYAM.
BY ADVS.SRI.V.G.ARUN
SRI.T.R.HARIKUMAR
RESPONDENT(S)/ACCUSED 1 & 3 AND STATE:
1. DR.M.K. BASHEER, SHAMZ HOUSE, GOPIVILASOM ROAD,, KARAPUZHA, KOTTAYAM.
2. HAJI N. ABUBACKER, DINESH BHAVAN, KODIMATHA, KOTTAYAM.
3. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
R1 & R2 BY ADVS. SRI.ANIL K.MOHAMMED
SRI.R.ANIL SRI.T.ANIL KUMAR SRI.JOSEPH P.ALEX SRI.B.RAMAN PILLAI SRI.SUJESH MENON V.B. SRI.SHYAM ARAVIND
R3 BY PUBLIC PROSECUTOR SRI.ALEX M. THOMBRA
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 17-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
msv/
B. KEMAL PASHA, J.
Crl. Appeal No.581 of 2009
Dated this the 17th day of October, 2016
~ ~ ~ ~ ~ ~ ~ ~ ~
This is an appeal filed by the complainant in C.C.
No.493/1991 of the Judicial First Class Magistrate's Court, Kottayam challenging the judgment of aquittal. It has been reported that the appellant is no more. When the appellant is no more, the appeal has become abated.
When the appellant is no more, this Appeal has become abated and hence, it is dismissed.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/17/10
P.S. HAMSA
DR.M.K. BASHEER
HAJI N. ABUBACKER
STATE OF KERALA
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court