VISWAMBHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) APPEAL filed under Section 374(2) of the Code of Criminal Procedure Code (for short, "Cr.P.C.").

(2.) APPELLANT was tried, convicted and sentenced by the learned Additional Sessions Judge (Adhoc -I) Kollam for an offence under Section 55(a) of the Abkari Act (for short, "Act"). Learned counsel for the appellant submitted before this Court on 05.09.2013 that the appellant expired. Considering the fact that the appellant was sentenced to undergo imprisonment and directed to pay fine, this Court found that the conviction and sentence will not abate in view of Section 394 Cr.P.C. Therefore, opportunity was given to the legal heirs of the appellant to get themselves impleaded in the appeal. In spite of giving sufficient time, nobody turned up to get impleaded in the appeal. Learned counsel for the appellant submitted that in spite of sending letters, nobody responded. I have carefully perused the records as to find out whether the conviction and sentence are legal and proper.

(3.) HEARD the learned Public Prosecutor and perused the records.