IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES MONDAY, THE 16TH OCTOBER 2006 / 24TH ASWINA 1928 CRL.A.No. 994 of 2002() ----------------------- SC.113/2000 of III ADDL. SESSIONS COURT (FAST TRACK NO.1) THRISSUR .................... APPELLANT: ACCUSED: ------------- SIVARAMN, S/O. KALLAYIL KORU, NANDI DESOM, KARLAM VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.P.K.ASHOKAN RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 16/10/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.M. JAMES, J. ------------------------------------- Crl.App. No. 994 of 2002 ------------------------------------- Dated this the 16th October, 2006. JUDGMENT The appellant was the accused in S.C.No.113/2000, on the file of the III Additional Sessions Court, (Fast Track Court No.I), Thrissur. The offence alleged against him was under Section 58 of the Abkari Act, in short 'the Act'. On completion of the trial and appreciation of evidence, the trial court found the appellant, accused, guilty. He was, hence, convicted under Section 58 of the Act, and sentenced to undergo rigorous imprisonment for a period of one year, together with a payment of fine of Rupees One Lakh, in default, to undergo rigorous imprisonment for a further period of three months. 2. When the appeal came up for consideration on 29.9.2006, it was submitted by the counsel for the appellant that the appellant is no more. Therefore, I have directed the learned Public Prosecutor to verify the fact and to submit a report to this Court. W.P.(C) No. 2 3. Accordingly, the Prosecutor has filed a memo dated 16.10.2006, reporting that the appellant K.K.Sivaraman, died on 23.1.2003, while undergoing treatment, in the Bishop Alappat Mission Hospital, Karanchira. The death has been registered in the Kattoor Grama Panchayat on 25.1.2003. A certificate dated 5.10.2006 to this effect had been filed by the Public Prosecutor, with the report of the Excise Inspector, Excise Range Office, Irinjalakuda, dated 6.10 2006. 4. On perusal of the report of the Excise Inspector together with the certificate issued by the Kattoor Grama Panchayat, I am satisfied that the appellant had died on 23.1.2003. 5. Under Section 394 Cr.P.C., while every appeal preferred under Sections 377 or 378 Cr.P.C. finally abate on the death of the accused, every other appeal under Chapter XXIX of Cr.P.C. shall finally abate on the death of the appellant, except an appeal from a sentence of fine. The proviso thereunder, of course, further stipulates a condition that in the case of conviction of death or imprisonment, and if the appellant dies during the pendency of the appeal, any of his near relatives, parent, spouse, lineal descendant, W.P.(C) No. 3 brother or sister, may, within thirty days of the death of the appellant, apply to the Appellant Court for leave to continue the appeal. If such a leave is granted, the appeal shall not abate. 6. After the death of the appellant on 23.1.2003, no one has come forward with any application. In such circumstances, I find that with the death of the appellant, the appeal is abatted. Accordingly, the appeal is dismissed as abatted. J.M. JAMES, JUDGE nj. J.M. JAMES, J. -------------------------------------- Crl.App.No. 994 of 2006 JUDGMENT 16th October, 2006. --------------------------------------