IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 Crl.Rev.Pet.No. 1128 of 2006() ------------------------------ CRA.390/2001 of SESSIONS JUDGE, THALASSERY CC.576/1997 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MATTANNUR .................... REVN. PETITIONER: ------------------ RAZAK, SON OF ASSAINAR, AGED 26 YEARS, DRIVER, PANJARPET. BY ADV. SRI.V.B.HARI NARAYANAN RESPONDENTS: ------------- 1. EXCISE INSPECTOR, MATTANNOOR RANGE, MATTANNUR. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl. R.P. No. 1128 of 2006 * * * * * * * * * * * * * * * * * * Dated: 4-8-2008 ORDER The revision petitioner who was the accused in C.C. No. 576 of 1997 on the file of the J.F.C.M., Mattanur was convicted concurrently for an offence punishable under Sec. 55 (a) of the Abkari Act by the courts below. He was sentenced to rigorous imprisonment for one year and to pay fine of Rs. 25,000/-. It is the said conviction and sentence which are assailed in this Revision. 2. When this revision came up for hearing, the learned counsel for the revision petitioner submitted that the revision petitioner is no more. He also passed on an attested copy of the death certificate pertaining to the revision petitioner. The learned Public Prosecutor also made available to me the original death certificate of the revision petitioner in Kannada language. Since Crl.R.P. No. 1128 of 2006 -:2:- the sentence imposed by the Courts below includes fine, there is no abatement of the appeal applying the principles of Sec. 394 Cr.P.C. The learned counsel appearing for the revision petitioner submitted that the legal heirs are willing to deposit the fine amount before the trial court within one month from today. The said submission is recorded and the revision is disposed of accordingly. Justice V. Ramkumar ani Crl.R.P. No. 1128 of 2006 -:3:-