The abatement of criminal appeals occurs upon the death of the appellant if legal heirs do not pursue the case, allowing for collection of fines against the deceased's property.

JUDGMENT

Dated this the 16^th day of October, 2025 This appeal has been filed by the appellant under Section 374 (2) of the Code of Criminal Procedure, 1973 , challenging the judgment of conviction dated 29.04.2016 in C.C.No.6/2016 on the files of the Enquiry Commissioner and Special Judge, Thalassery. The appellant herein is the accused in the above case.

2. In this matter, the learned counsel for the appellant would submit that the appellant is no more. A copy of the Death Certificate showing the death of the appellant, issued by the Registrar of Births and Deaths, Kalpetta Muncipality, has been produced by the learned counsel for the appellant. He also submitted that the legal heirs of the appellant not intended to proceed with this appeal.

3. Since the legal heirs of the appellant did not turn up to prosecute the matter, the appeal could not be proceeded with. Therefore, the conviction, as against the appellant, stands abated and the sentence of fine shall remain.

4. The appeal is accordingly dismissed, with liberty to the prosecution to realise the fine by proceeding against the property left by the appellant, if any. If the legal heirs of the appellant are aggrieved in the matter of realisation of fine, they are at liberty to approach this Court to address their grievances, in accordance with law.

Registry is directed to append the copy of the Death Certificate as part of the records and to forward a copy of this judgment to the Special Court, for information and compliance.