OOLLI BABY Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused. The appeal was filed by him assailing the verdict of guilty, conviction and sentence in a prosecution for the offences punishable under Sections 8(1) read with 8(2) and 55(g) of the Abkari Act, 1077.

(2.) The trial court found the appellant/accused guilty of the offences punishable under Sections 8(1) read with 8(2) and 55(g) of the Abkari Act and convicted him and sentenced him to simple imprisonment for a period of three years and to pay a fine of Rs.1,00,000.00 and in default of payment of fine to undergo simple imprisonment for a period of one year for the offence punishable under Sec. 8(1) read with 8(2) of the Abkari Act. He was also sentenced to undergo simple imprisonment for a period of five years and to pay a fine of Rs.1,00,000.00 and in default of payment of fine to undergo simple imprisonment for a period of one year for the offence under Sec. 55(g) of the Abkari Act. It was also ordered that the sentences shall run consecutively.

(3.) When the appeal was taken up for hearing, learned Public Prosecutor submitted that the appellant/accused is no more. Learned Public Prosecutor produced a copy of the death certificate of the appellant for perusal. It shows that the appellant died on 03.12.2013. This fact is not disputed by the learned counsel who had filed vakkalath for the appellant.