IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Crl.Rev.Pet.No. 797 of 2001() ----------------------------- SC.146/1994 of ASSISTANT SESSIONS COURT, PAYYANNUR CRA.224/1996 of ADDL.SESSIONS COURT, THALASSERY .................... REVN. PETITIONER: --------------------------- DERMAL KANNAN, S/O.KUMJAPPA, AGED 47 YEARS, PARIYARAM, KANNUR DISTRICT. BY ADV. SRI.V.RAJAGOPAL SRI.K.N.CHATHUKUTTY RESPONDENTS: ----------------------- STATE REPRESENTED BY S.H.O. THALIPARAMBA THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.BAZAR. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No. 797 of 2001 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of February, 2008. ORDER Learned counsel for the revision petitioner has filed a memo dated February 18, 2008 stating that the revision petitioner/accused had passed away about 6 months ago. Learned Government Pleader, after getting instructions from the Sub Inspector of Police, Taliparamba, submits that the revision petitioner had died on August 20, 2007. The death has been registered before the competent authority also. 2. In the above facts and circumstances the order of conviction and sentence passed against the petitioner cannot survive since the charge has abated. The apprehension of the learned counsel for the petitioner that the State may recover any amount from the estate of the accused has now no relevance since the order of conviction and sentence is set aside. Revision petition is closed. A.K. Basheer Judge. an.