The court dismissed the criminal appeal as closed after the appellants died during the pendency of the proceedings, resulting in the abatement of charges for solely imprisonment sentences.
The appeal is closed as the charge against the appellants stands abated due to their death.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
CRL.A NO. 669 OF 2006
AGAINST THE JUDGMENT DATED 25.02.2006 IN S.C.NO.11 OF 2004 OF THE ADDITIONAL DISTRICT COURT (ADHOC-I), KOLLAM APPELLANTS/ACCUSED 1 & 2:
BY ADV PREM DOMINIC
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
SRI SANGEETH RAJ N.R.- P.P.
OTHER PRESENT:
THIS CRIMINAL APPEAL HAVING COME UP FOR FINAL HEARING ON 27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
Crl.Appeal No.669 of 2006
JUDGMENT
The appellants stand convicted and sentenced to undergo rigorous imprisonment for a period of one year for the offence punishable under Section 323 of the I.P.C. and further to undergo rigorous imprisonment for a period of three years under Section 306 of the I.P.C.
Now, the learned Public Prosecutor has submitted a memo producing therewith the copies of the death certificates of the appellants. The 1st appellant-Surendran Pillai died on 16.08.2017 and the 2nd appellant-Babu died on 28.05.2013.
Since both the appellants died and the sentence is only imprisonment and no fine is imposed, the charge against them stands abated. Hence this appeal is closed.
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
1 issue framed by the court
Whether the criminal appeal stands closed due to the death of the appellants.
2 provisions across 1 enactments
Surendran Pillai
Babu
State of Kerala
P.G. AJITHKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
