MANI MADAVALAPPIL Vs. C I OF POLICE NELWASHAWAR

JUDGEMENT

(1.) Will an appeal filed against the conviction and sentence, which includes fine also, abate on death of appellant, if no legal heir obtains leave of Court to continue appeal This short question is to be answered in this revision.

(2.) This revision is filed by the son of the deceased accused. The accused was convicted and sentenced by learned Assistant Sessions Judge for offence under Section 354 of the Indian Penal Code to undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs. 30,000/- and in default of payment of fine, to suffer simple imprisonment for a period of four months. It was also ordered that, on payment of fine by the accused, Rs. 25.000/- shall be paid to P.W. 8, the victim.

(3.) The deceased-accused was originally charge-sheeted for offence under Sections 511 of 376 and 377 of Indian Penal Code on the allegation that such offences were committed against P.W. 8. After trial, on an analysis of the evidence adduced in the case, the trial Court found the accused guilty of offence under z 354 of IPC and convicted and sentenced him under the said section. An appeal was filed before Sessions Court against the conviction and sentence. On a representation made that appellant expired on 26-6-2005, as evidenced by the death certificate also, learned Additional Sessions Judge held that the appeal abated.