RAMESAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been filed against the judgment of the High Court of Kerala dated 06.03.2014 by which Criminal Appeal of the appellant has been dismissed.

(2.) Brief facts of the case giving rise to this appeal are:-

(3.) Learned counsel for the appellant contended that in view of the death of the accused on 21.12.2007, the High Court ought to have abated the entire appeal. It is submitted that Section 394 of Cr.P.C. saves the appeal, which arises against sentence of fine only. When there was composite sentence of imprisonment as well as fine, the appeal has to abate both against the sentence of imprisonment as well as fine. It is contended that High Court committed error in proceeding to decide the appeal on merits. High Court ought to have abated the appeal in toto.