Crl.A.No.688 of 2004 was heard by P.D. Rajan, J. The appellant submitted he died in 2010; police verification confirmed death ten days prior to imprisonment. The court disposed of the appeal as abated while keeping the fine sentence.
The appeal is disposed of as abated except the sentence of fine.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.D.RAJAN
MONDAY, THE 14TH DAY OF MARCH 2016/24TH PHALGUNA, 1937
CRL.A.No. 688 of 2004 ( )
AGAINST THE JUDGMENT IN SC 834/2000 of SESSIONS COURT,KASARAGOD DATED 15-10-2003
APPELLANT/ACCUSED::
K.M.SUBAIR, THEKKEPURAM THADATHIL, PARAMBIL NERUKKARA,, MALAPPURAM.
BY ADVS. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI
RESPONDENT/COMPLAINANT:
STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM.
R1 BY ADV. PUBLIC PROSECUTOR SRI N SURESH
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 14-032016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.D.RAJAN, J ......................................... Crl.A.No.688 of 2004 ....................................... Dated 14th March, 2016
JUDGMENT
The learned counsel appearing for the appellant submitted that appellant died on 25.10.2010. In the circumstance, I directed the C.I of Police, Kasargod to verify the death of the appellant and produce the death certificate. Accordingly, he filed a report stating that appellant died at Ervady at Tamil Nadu on 24.10.2010 and the funeral was made at Panakkal Juma Masjid Mannanchery in Alappuzha on 26.10.2010. Secretary, Sri M.Mujeeb Rahman, Mannanchery Padinjare Mahal Committee issued a letter dated 28.2.2016 stating that the funeral was conducted as per muslim customary rites.
Cra 688/2004
2
403 days of imprisonment and paid 50 % of the fine
amount. Hence this appeal is disposed as abated except
the sentence of fine.
P.D.RAJAN, JUDGE
lgk
1 issue framed by the court
Whether the criminal appeal shall be disposed of as abated in view of the death of the appellant prior to the disposal of the same.
K.M.SUBAIR
STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR
P.D.RAJAN
As recorded by the court registry
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