This criminal appeal was disposed of as abated due to the death of the appellant, who died in 2015 and whose legal heirs were not impleaded. The Court applied Section 394 Cr.P.C. and held that the appeal abated, with the exception of appeals from sentences of fine.
The appeal was disposed of as abated u/s 394 Cr.P.C. except an appeal from a sentence of fine.
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
FRIDAY, THE 18TH DAY OF MARCH 2016/28TH PHALGUNA, 1937
CRL.A.No. 823 of 2004 ( ) -------------------------AGAINST THE JUDGMENT IN SC 138/2002 of ADDITIONAL DISTRICT & SESSIONS COURT (ADHOC-II), KOZHIKODE DATED 27-04-2004
APPELLANT(S)/ACCUSED:: --------------------DEVADASAN, S/O. GOPALAN, KIZHAKKAYIL HOUSE, THALAKULATHUR P.O., (VIA.) ATHOLI, KOZHIKODE. BY ADV. SRI.PREMCHAND R. NAIR
RESPONDENT(S)/COMPLAINANT::
--------------------------STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, CHELANNUR EXCISE RANGE,, CHELANNUR, KOZHIKODE, REPRESENTED BY THE, PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. N. SURESH.
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 18-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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P.D. RAJAN, J.
Crl.Appeal No.823 of 2004
Dated this the 18th day of March, 2016
JUDGMENT
In view of the submission made by the learned counsel
for the appellant on 23.2.2016 this Court directed the Excise
Inspector, Excise Range, Chelannur to file a report. Accordingly, he filed a report along with Death Certificate of the appellant, which is marked as Ext.C1. As per Ext.C1, appellant died on 14.09.2015 and the legal heirs were not impleaded in this appeal after his death.
In the circumstances, this appeal is disposed of as abated u/s.394 Cr.P.C. except an appeal from a sentence of fine.
P.D. RAJAN, JUDGE.
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2 issues framed by the court
Whether the criminal appeal can be continued after the death of the appellant.
Whether the appeal abates except for an appeal against conviction or sentence of fine.
1 provisions across 1 enactments
Devasasan
State of Kerala
P.D. Rajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
