The obligation to pay a fine survives the death of the accused, while the sentence of imprisonment does not.

ORDER

Dated this the 29th day of July 2020 The revision petitioner is the 1st accused in SC No.158/2007 on the file Assistant Sessions Court, Muvattupuzha. The offence alleged is under Section 308 read with Section 34 of the Indian Penal Code . By judgment dated 24.01.2009, the learned Judicial First Class Magistrate, Kothamangalam convicted and sentenced the accused to undergo simple imprisonment for three years and to pay a fine of Rs.10,000/-. In the event of remitting the fine amount, the same was ordered to be given to PW1 as compensation under Section 357 (1)(b) of Cr.P.C. and in default of payment of fine, the accused shall undergo simple imprisonment for a period of six months. Challenging the conviction and sentence, the accused preferred Criminal Appeal No.125/2009 before the Sessions Court, Ernakulam. The learned Sessions Judge dismissed the appeal confirming the conviction and sentence imposed by the trial court by judgment dated 28.10.2009.

Feeling aggrieved the accused has preferred this revision.

2. When the case was come up for hearing, the learned Public Prosecutor, on instructions, submits that the revision petitioner / accused is no more. In support of the submission, the learned Public Prosecutor has produced a copy of the death certificate issued by the Registrar of Marriage, Birth and Death, Kothamangalam Municipality. The extract of Death Register would show that the revision petitioner is no more. Composite sentence of imprisonment as well as fine were awarded by the trial court. In appeal, the judgment of the trial court was confirmed. Consequent to the death of the revision petitioner / accused, the sentence of imprisonment awarded as against him stands abated. However, the fine does not abate. The legal heirs of the accused are not on the party array. It is not practically possible for the prosecution to find out the legal heirs of the revision petitioner / accused to implead them as party to the revision. In the circumstances, the only practical way out is to close the revision with liberty to get the revision re-open, if deemed necessary at the instance of the legal heirs of the revision petitioner.

In the result, the revision petition stands closed, leaving open the remedies of the legal heirs to get the revision re-open if deemed necessary. Send back the records to the trial court for recovery of fine in accordance with law.