JUDGMENT

Dated this the 28^th day of January, 2026 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 22.01.2009 in C.C.No.43/2004 on the files of the Enquiry Commissioner and Special Judge, Thiruvananthapuram.

The appellant herein is the 4^th accused in the above case.

2. In this matter, the appellant/4^th accused is no more, is the submission made by the learned counsel for the appellant. The learned counsel for the appellant further submitted that the legal heirs of the appellant are not interested to be impleaded in this appeal. A copy of the Death Certificate showing the death of the appellant, issued by the Registrar of Births and Deaths, Thiruvananthapuram Municipal Corporation, has been produced by the learned Senior Public Prosecutor.

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 prop