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K. BABU
Bhaskaran, S/O. Raman – Appellant
Versus
Sub-Inspector of Police, Thalapuzha Police Station – Respondent
Based on the provided legal document, the main legal principle established is that an appeal against a composite sentence of fine and imprisonment does not abate upon the death of the accused. The court is mandated to decide the appeal on its merits, provided that sufficient opportunity is given to the near relatives of the deceased to proceed with the appeal against the sentence of fine (!) (!) .
The relevant legal provisions include Section 394 of the Criminal Procedure Code, which states that appeals against a sentence of fine shall not abate on the death of the accused, and also provides that near relatives may apply for permission to continue such appeals within thirty days of the accused's death (!) (!) . Additionally, Section 421 of the Cr.P.C. authorizes the recovery of fines from the property of the offender, and Section 70 of the Indian Penal Code clarifies that the liability to pay a fine persists beyond the death of the offender, with property remaining liable for such debts (!) (!) .
The case involved an appellant convicted of possessing illicit arrack, who died during the pendency of the appeal. The court emphasized that the appeal should not automatically abate due to the appellant's death, especially when the sentence includes a fine, and that the legal heirs should be given an opportunity to proceed with the appeal (!) (!) .
Furthermore, the court highlighted that the failure to provide such an opportunity could result in a breach of procedural fairness, and that the appeal must be considered on its merits, with appropriate steps taken to involve the legal heirs if they choose to continue (!) (!) .
In conclusion, the court set aside the conviction and sentence, reaffirming that in cases of a composite sentence of fine and imprisonment, the appeal remains alive despite the death of the accused, and the court is obliged to decide on the merits after ensuring the legal heirs are given a fair opportunity to participate (!) (!) .
JUDGMENT :
This appeal is directed against the judgment dated 26.9.2006 in S.C.No.117 of 2004 passed by the Additional Sessions Judge (Adhoc-I), Kalpetta. The appellant/accused was convicted under Section 55(a) of the Abkari Act and he was sentenced to undergo rigorous imprisonment for a term of one year and pay a fine of Rs.1,00,000/-.
2. The case of the prosecution is that on 9.8.2001 at 7.10 p.m. the accused was found in possession of 900 ml. of country made arrack in a plastic bottle near his residence at Karikanal.
3. After completing the investigation final report was submitted against the accused for the offence punishable under Section 55(a) of the Abkari Act before the Judicial First Class Magistrate-I, Mananthavady. The case was committed to the Sessions Court, Kalpetta from where it was made over to the trial Court. On the appearance of the accused charge was framed against him under Section 55(a) of the Abkari Act. He pleaded innocence. The trial Court after conclusion of the trial found that the accused is guilty of offence under Section 55(a) of the Abkari Act and was convicted and sentenced thereunder.
4. During the pendency of this appeal the appellant died. Notice was
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