Kumar v. Pushantha Kumar
Case brief
What is this about?
The high court dismissed the criminal appeal as abated. Counsel accepted the first respondent accused had died, invoking Section 394(1) Cr.P.C. to conclude the appeal could not proceed.
What did the court decide?
Criminal appeal dismissed as abated due to the death of the first respondent accused.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
TUESDAY, THE 7TH DAY OF AUGUST 2018 / 16TH SRAVANA, 1940
CRL.A.No. 452 of 2007
CC 701/2005 of J.F.M.C.-IV, NEYYATTINKARA
APPELLANT(S)/COMPLAINANT
KUMAR, S/O APPUKUTTAN PILLAI, SOUBHAGYA, ARUMANOOR, POOVAR P.O.,, THIRUVANANTHAPURAM.
BY ADV.SRI.D.KISHORE
RESPONDENT(S)/ACCUSED & STATE:
1. DUSHANTHA KUMAR, K.B.SADANAM, KATTACHALKUZHI, BALARAMAPURAM P.O.,, THIRUVANANTHAPURAM.
2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
Issues for consideration
1 issue framed by the court
Whether a criminal appeal stands abated when the first respondent accused is no more.
Parties & counsel
- appellant
KUMAR, S/O APPUKUTTAN PILLAI
- respondent
DUSHANTHA KUMAR
- respondent
STATE OF KERALA
Coram
Case details
As recorded by the court registry
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