The appellant in a criminal appeal filed against an order of acquittal in CC 221/2002 died during the pendency of the appeal. The High Court held that since there was no conviction or sentence, the appeal abated. Consequently, the appeal was dismissed as abated.
Appeal dismissed as abated due to appellant's death during pendency.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
CRL.A NO. 240 OF 2006
AGAINST THE ORDER/JUDGMENT IN CC 221/2002 OF JUDICIAL MAGISTRATE
OF FIRST CLASS,CHAVAKKAD, THRISSUR
APPELLANT/COMPLAINANT:
RADHAKRISHNAN, S/O OOTTATHIL VELAYUDHAN,KUNDALIYOOR DESOM, ENGANDIYOOR VILLAGE, CHAVAKKAD TALUK REPRESENTED BY POWER OF ATTORNEY HOLDER SURENDRAN, AGED 45 YEARS,S/O.SANKARAN, KUPPERI HOUSE,ENGANDIYOOR,KUNDALIYOOR, CHAVAKKAD TALUK
BY ADV SRI.P.RAMACHANDRAN
RESPONDENTS/ACCUSED & STATE:
1 SAIDALAVI S/O KOLAKUNNATH MUHAMMED,TANUR DESOM, RAYIRIMANGALAM AMSOM, MALAPPURAM DISTRICT.
BY ADV PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.A NO. 240 OF 2006 2
JUDGMENT
It is an appeal against the acquittal. During the pendency of this appeal appellant passed away. There is no conviction or sentence by way of fine. Hence, the appeal stood abated. The learned counsel for the appellant also submitted that the appeal was prosecuted through a power of attorney and that he received information to the effect that none of the legal heirs are interested in prosecuting the appeal. Hence, the appeal is dismissed as abated.
Sd/-
P.SOMARAJAN
JUDGE
msp
2 issues framed by the court
Whether the criminal appeal stands abated due to the death of the appellant during pendency.
Whether the absence of conviction or fine affects the abatement of the appeal.
RADHAKRISHNAN
SAIDALAVI
THE STATE OF KERALA
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
