IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
E.VIJAYAKUMARAN – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT
Dated this the 23rd day of February, 2026 This criminal appeal has been filed by the appellant under Section 374 (2) of the Code of Criminal Procedure , challenging the judgment dated 28.08.2010 in C.C.No.14/2007 on the files of the Enquiry Commissioner and Special Judge, Thiruvananthapuram. The appellant herein is the accused in the above case.
2. In this matter, the appellant 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 dated 19.01.2026, showing the death of the appellant on 06.09.2012, issued by the Registrar of Births and Deaths, Thiruvananthapuram Municipal Corporation, has been produced by the learned Special 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
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