JUDGMENT :

The second and fourth accused in S.C.No.223 of 2001 on the file of Additional Sessions Judge, Kottayam filed this appeal. When this appeal came up for consideration, on an earlier occasion, there was no representation to the appellants, and hence notice was issued to them. Notice issued to the first appellant was returned with an endorsement "not known," and notice issued to the second appellant was returned with an endorsement "addressee deceased." Therefore, on 6.2.2020 this court passed the following order:

“This appeal is filed by accused Nos.2 and 4 as appellants 1 and 2. Notice to 1st appellant was returned with endorsement 'not known' and to the 2nd appellant with endorsement “addressee deceased” Legal heirs of the 2nd appellant have not come forward to proceed with the prosecution further. Since the 2nd appellant is no more, appeal as against him is abated. Notice to 1st appellant having been returned with endorsement 'not known', Registry shall issue fresh notice to him through SHO of Police station within the jurisdiction of which the 1st appellant is residing.”

2. After that, when the matter came up for consideration on 21.5.2020, the first appellant appeared thr