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A. K. JAYASANKARAN NAMBIAR, SYAM KUMAR V. M.
Reghunadan – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
A.K. JAYASANKARAN NAMBIAR, J.
1. When the case was taken up for hearing, it was reported to us by the learned counsel appearing for the appellant/accused that the appellant has expired on 24.06.2023. Taking note of the said submission, we have to examine whether the appeal would abate in terms of Section 394(2) of the Code of Criminal Procedure. We note, in this connection, that the conviction of the appellant was for the offences under Section 307 and 302 of the Indian Penal Code [IPC] and the prosecution case was that he had murdered his wife on 25.02.2013. The learned Sessions Judge found the appellant guilty of the offence under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 50,000/- and in default to undergo rigorous imprisonment for one year. It was further directed that out of the fine amount, if realised, amounts of Rs. 25,000/- each were to be paid to PW-1 and PW-3, who are the children of the late appellant.
2. Inasmuch as there is a sentence of fine that is impugned in this appeal, we have to take note of the Full Bench judgment of this Court in Pazhani vs. State of Kerala, 2017 (1) KHC 173, which mandates that even if
The court applied Section 394(2) of the Cr.P.C. to determine the abatement of the appeal and the modification of the sentence and compensation in a case involving the death of the appellant.
The main legal point established is that under Section 394 of the Cr.P.C., an appeal abates if no application for continuance is made by a near relative within 30 days of the appellant's death.
An appeal does not abate upon the death of an appellant when the sentence includes a fine, as established under Section 394 of the Cr.P.C.
An appeal does not abate upon the death of the appellant if it involves a sentence of fine, and sufficient explanation for delay in filing an application to continue the appeal can be accepted.
Appeal dismissed as abated due to appellant's death and lack of interest from legal heirs.
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