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K.T.SANKARAN, K.HARILAL, K.P.JYOTHINDRANATH
Pazhani S/o Chami – Appellant
Versus
State of Kerala – Respondent
Key Points: - The judgment discusses whether an appeal from a sentence of fine abates on the death of the appellant and the possibility of near relatives continuing the appeal with leave (!) (!) (!) - It interprets Section 394(2) Cr.P.C., including proviso and the concept of abatement versus non-abatement for appeals involving a fine, imprisonment, or a composite sentence (!) (!) (!) (!) - It references Pradeep v. State of Kerala (2013 KHC 717) and Raveendran v. State of Kerala (2014 KLT 382) regarding near relatives' rights to continue appeals from sentences of fine or composite sentences (!) (!) - It clarifies that in appeals from sentences of imprisonment alone, abatement is absolute unless near relatives seek leave to continue; for fines or composite sentences, near relatives may continue the appeal by leave within time limits or the state may recover fines if not pursued (!) (!) (!) - The Full Bench concludes that abatement is absolute for imprisonment-only appeals, but in appeals from a sentence of fine, near relatives may come on record and continue the appeal; if none come forward, the appeal can be consigned to record room and fines may be recovered (!) (!) (!) - The order ultimately abates as to imprisonment portion but the record-room consignment is for the fine-related aspects; the decision answers the reference accordingly (!)
K.T. Sankaran, J.
1. A learned single Judge referred these cases for consideration by a Division Bench. When the matter came up before the Division Bench, it was felt that the matter should be considered by a Full Bench. Accordingly, the cases were referred to the Full Bench.
2. The question referred to the Division Bench by the learned single Judge was:
"Whether an appeal from a sentence of fine would abate if no relative of the appellant comes forward to continue to prosecute the appeal?"
3. The learned single Judge doubted the correctness of the decision in Raveendran v. State of Kerala (2015(1) R.C.R.(Criminal) 642 : 2014 (4) KLT 382).
4. In Pradeep v. State of Kerala (2013 KHC 717), interpreting Section 394(2) of the Code of Criminal Procedure, a Division Bench of this Court (in which Justice K.T. Sankaran was a member) held thus:
"That the appeal will not abate in the case of an appeal from a sentence of fine does not mean that the appeal cannot be disposed of without bringing on record the near relatives of the appellant. It only means that the near relatives of the appellant can continue to prosecute the appeal on getting leave from Court."
5. Later, a learned single Jud
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