In a criminal revision petition against an appeal judgment confirming conviction under Sections 279 and 304(A) IPC, the Kerala High Court dismissed the petition as abated after accepting the prosecution's submission that the petitioner died while the petition was pending.
The criminal revision petition was dismissed as abated.
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.
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Crl R.P No. 1007 of 2011
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945
CRL.REV.PET NO. 1007 OF 2011
AGAINST THE ORDER/JUDGMENT CC 2531/2002 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II, ERNAKULAM
CRA 431/2010 OF ADDITIONAL SESSIONS COURT (ADHOC)-II, ERNAKULAM
REVISION PETITIONER/S:
ASHOKAN
S/O.LATE NARAYANAN,PULLAMATTOM HOUSE,, NECHOOR,
MANEED VILLAGE,MUVATTUPUZHA TALUK.
BY ADV SRI.BENNY JOSEPH
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY THE PUBLIC
PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM.
Smt Seetha S., SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 25.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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Crl R.P No. 1007 of 2011
C.S DIAS,J.
Crl R.P No. 1007 of 2011
----------------------------Dated this the 25th day of September, 2023
ORDER
The revision petition is filed assailing the judgment passed by the Court of the Additional Sessions Judge (Adhoc-II), Ernakulam (Appellate Court) in Crl.A No.431/2010, whereby the Appellate Court confirmed the conviction against the revision petitioner by the Court of the Judicial First Class Magistrate-II, Ernakulam (Trial Court) in CC No.2531/2002 for the offences punishable under Secs. 279 and 304 (A) of the Indian Penal Code and sentenced him to undergo simple imprisonment for a period of three months and to pay a fine of Rs.3,750/-
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Crl R.P No. 1007 of 2011
and in default to undergo simple imprisonment for a
further period of two months.
revision petition and suspended the execution of sentence on condition that the revision petitioner executes a bond and deposits the entire fine amount before the Trial Court.
taken up for hearing, the learned counsel appearing for the revision petitioner submitted that the revision
petitioner is no more. Consequent to the above submission, this Court had directed the learned Public Prosecutor to obtain instructions from the jurisdictional
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Crl R.P No. 1007 of 2011
Police to ascertain as to whether the revision petitioner is
no more.
for consideration, the learned Public Prosecutor, on instructions, submitted that the revision petitioner died on 1.2.2021. The jurisdictional Police has informed that the death certificate will be forwarded to the Public
Prosecutor. The said submission is recorded.
341 (FB)], a Full Bench of this Court has categorically declared the law that, pending an appeal/revision petition, if the appellant/r̥evision petitioner/accused dies and there is a sentence of fine imposed, then the near
relatives of the deceased appellant/r̥evision petitioner/accused can come on record within a
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Crl R.P No. 1007 of 2011
reasonable time period and prosecute the appeal/revision petition. If no such application is filed, the
appeal/revision petition can be dismissed as abated.
further survives in the revision petition.
Resultantly, the revision petition is dismissed as
abated.
sd/-
sks/25.9.2023 C.S.DIAS, JUDGE
1 issue framed by the court
Whether the criminal revision petition abated due to the death of the revision petitioner pending its disposal.
Colour shows how this judgement treated each authority
Pazhani vs. State of KeralaApplied¶40
Pazhani vs. State of Kerala [2017 (1) KLT 341 (FB)]
Ashokan
State of Kerala
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
C.S. Dias
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