This Criminal Appeal by a sole accused was disposed of as abated following the production of a death certificate dated 13.01.2023, confirming the appellant's demise prior to the listing of the appeal for adjudication.
The Criminal Appeal is disposed of as abated in favour of the State.
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.
Crl. A(MD)No.149 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR AND
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
CRL.A.(MD)No.149 of 2020
Sivanesan
: Appellant
Vs.
State Rep. by
The Inspector of Police, Koodalur North Police Station, Theni District.
(In Crime No.32 of 2014) : Respondent
PRAYER: Criminal Appeal filed under Section 374 (2) of the Code of Criminal Procedure, calling for the entire records pertaining to the conviction and sentence passed in S.C.No.179 of 2014 on the file of the learned Sessions Judge, Fast Track Mahila Court, Theni dated 23.01.2020 and set aside the same as illegal and acquit the appellant.
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For Appellant : Mr.A.Sarankumar For Respondent : Mr.A.Thiruvadi Kumar Additional Public Prosecutor
**JUDGMENT ***************
[Judgment delivered by M.SUNDAR, J.]
On 04.10.2023, when the captioned appeal was listed before
this Bench, the following proceedings were made:
'Mr.A.Gowtham, learned counsel representing counsel on record for appellant and Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor for respondent State are before us.
2.Learned Counsel for appellant submits that he has to verify about the present status of appellant and revert to this Court. Request acceded to.
3.List on 18.10.2023. '
2. Today, Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor for respondent State adverting to the aforementioned proceedings placed before us the death certificate of the lone appellant who is sole accused and a scanned reproduction of the same is as follows:
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3. The above death certificate makes it clear that the lone
appellant who is sole accused is no more and the date of demise is 13.01.2023. To be noted, in the previous listing Counsel for appellant also submitted that lone appellant is no more but as a matter of abundant caution paragraph No.2 of the earlier proceedings was made so that the death certificate would be produced. The same has been done today. This means the captioned appeal abates.
4. Captioned Criminal Appeal is disposed of as abated.
[M.S., J.] & [R.S.V., J.]
18.10.2023
Index : Yes/No Internet : Yes/No Neutral Citation : Yes/No MR
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To
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M.SUNDAR, J. and R.SAKTHIVEL, J.
MR
JUDGMENT MADE IN CRL.A.(MD)No.149 of 2020
18.10.2023
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Sivanesan
State
M.SUNDAR
R.SAKTHIVEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
