The High Court rejected a criminal appeal under Section 374(2) Cr.P.C. regarding a conviction for culpable homicide not amounting to murder. The court set aside the matter as abated, noting the appellant had died before the hearing and no representation was filed on his behalf.
Criminal Appeal stands closed 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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.06.2018
CORAM:
THE HONOURABLE MR. JUSTICE R.PONGIAPPAN
Crl.A.No.611 of 2011
Jayakumar
.. Appellant/Accused
Vs State rep. By the Inspector of Police, Veppanapalli Police Station, (Crime No.188 of 2005) .. Respondent/Complainant
PRAYER: Criminal Appeal is filed under Section 374 (2) of Cr.P.C. to set aside the conviction and sentence imposed by the learned Principal Sessions Judge, Krishnagiri District at Krishnagiri in S.C.No.87 of 2008 dated 24.03.2011 for the offence under Section 304 (Part II) I.P.C and sentenced to 10 years R.I and fine of Rs.5,000/- i/d one year R.I.
For Appellant : No appearance For Respondent : Mr.G.Ramar, Government Advocate (Crl.side) JUDGEMENT
The present criminal appeal has been filed to call for the records and set aside the conviction and sentence imposed by the learned Principal Sessions Judge, Krishnagiri District in S.C.No.87 of 2008 dated 24.03.2011 for the offence under Section 304 (Part II) I.P.C
Sd/-
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
ak
To
1. The Judicial Magistrate,
Krishnagiri.
2. The Chief Judicial Magistrate,
Krishnagiri (For Information)
3. The Principal Sessions Judge,
Krishnagiri.
4. The Superintendent,
Central Prison, Vellore.
5. The Public Prosecutor
High Court, Madras.
6. The Inspector of Police,
Veppanapalli Police Station,
Krishnagiri District.
Crl.A.No.611 of 2011
VGII(CO)
CS/26/06/18
2 issues framed by the court
Whether the criminal appeal abates in the absence of the appellant's appearance.
Whether the appeal abated due to the death of the appellant.
2 provisions across 2 enactments
Jayakumar
State
R. Pongiappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
