Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P.
Appukuttan, S/o.Kutty – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. death of appellant does not abate appeal if relatives are disinterested. (Para 1 , 2) |
| 2. consideration of relative's interests and contesting appeals after death. (Para 3 , 5) |
| 3. rights of legal representatives concerning fine and convict's estate. (Para 7 , 8) |
| 4. court's discretion to dismiss appeals based on relatives' interests. (Para 9 , 10 , 11 , 12) |
JUDGMENT :
Crl. Appeal No. 260/2016 arises from SC No.570/2009 on the file of the Additional Sessions Judge-III, Pathanamthitta. The trial court by judgment dated 02.12.2015 convicted the appellant/1st accused for an offence under Section 379 of the Indian Penal Code and sentenced to undergo imprisonment for a period of two years and fine of Rs.5000/-. In default of payment of fine, the appellant/1st accused was to undergo simple imprisonment for a further period of three months.
3. In Pazhani v. State of Kerala, 2017 (1) KLT 341 (F.B.), a Full Bench of this court examined the question of whether an appeal against conviction and sentence (including a fine) will abate upon the death of the appellant if no near relatives come forward to prosecute the appeal. The court ruled that the case will be consigned to the record,
Appeals against sentences do not automatically abate upon the appellant's death if relatives do not contest the case, allowing appeals to be dismissed as abated.
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.
The court considered the provisions of Section 394(2) of the Code of Criminal Procedure and the Full Bench judgment of the Court in Pazhani vs. State of Kerala, 2017 (1) KHC 173, to determine the aba....
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.
Legal heirs can pursue revision applications after the applicant's death if interested; lack of interest leads to abatement without applicable provision.
The main legal point established in the judgment is that where the sentence is a composite one including fine along with imprisonment, the appeal would not abate under Section 394 of CrPC.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
