A criminal appeal abates upon the appellant's death if heirs do not wish to proceed, allowing prosecution to pursue fine collection.

JUDGMENT

Dated this the 16^th day of September, 2025 These criminal appeals have been filed under Section

374 of the Code of Criminal Procedure , 1973, challenging common judgment of conviction dated 03.04.2018 in C.C.Nos.25/2016 and 26/2016 on the files of the Enquiry Commissioner and Special Judge, Kozhikode. The appellant herein is the accused in both the above cases.

2. In this matter, the learned counsel for the appellant/accused would submit that the appellant died on 21.12.2018. A copy of the death certificate issued by the Registrar of Births and Deaths, Porur Grama Panchayat dated 06.04.2019 has been placed in support of the same. He also submitted that the legal heirs of the appellant are not intended to proceed with these appeals.

3. Since the legal heirs of the accused are not ready to come and proceed with these appeals, these appeals are dismissed as abated, with liberty to the prosecution to proceed with realisation of fine imposed as part of sentence from the assets, if any, left by the legal heirs of the appellant.

It is made clear that if the legal heirs of the appellant have any grievance in realisation of fine from the assets left by the accused, they are at liberty to opt appropriate legal proceedings.

Registry is directed to forward a copy of this judgment to the Special Court, for information and compliance.