APPUKUTTAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Crl. Appeal No. 260/2016 arises from SC No.570/2009 on the file of the Additional Sessions Judge-III, Pathanamthitta. The trial court by judgment dtd. 2/12/2015 convicted the appellant/1st accused for an offence under Sec. 379 of the Indian Penal Code and sentenced him to undergo imprisonment for a period of two years and fine of Rs.5000.00. In default of payment of fine, the appellant/1st accused was to undergo simple imprisonment for a further period of three months.

(2.) Smt. Vidya G, the learned counsel appearing for the appellant, submits that the appellant is no more and he expired on 8/10/2024. A copy of the Death Certificate issued by the Registrar of Births and Deaths, Erathu Grama Panchayat, is also placed before me. The learned counsel submits that the near relatives are not interested in prosecuting the appeal, as the fine amount has already been remitted.

(3.) In Pazhani v. State of Kerala, 2017 (1) KLT 341 (F.B.), a Full Bench of this court examined the question of whether an appeal against conviction and sentence (including a fine) will abate upon the death of the appellant if no near relatives come forward to prosecute the appeal. The court ruled that the case will be consigned to the record, and the near relatives of the deceased appellant may file an application to revive the appeal.