IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 Crl.Rev.Pet.No. 699 of 2001() ----------------------------- CRA.306/1996 of ADDL.SESSIONS COURT, THALASSERY CC.144/1994 of JUDL.MAGISTRATE OF FIRST CLASS COURT, KUTHUPARAMBA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED:- --------------------- THENIYADAN CHANDU, S/O.KELAPPAN, COOLI, RESIDING AT KOLAYAD, KANNUR DISTRICT. BY ADV. SRI.E.V.NAYANAR RESPONDENT(S): RESPONDENT/COMPLAINANT:- --------------- THE STATE OF KERALA - (SHO, PERAVOOR POLICE STATION) - REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SMT. REGHA C. NAIR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.P. No. 3342 of 2001 in Crl.R.P. No. 699 of 2001 Dismissed. 1-10-2009 Sd/- P.Q.Barkath Ali, Judge. P.Q.BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.R.P.No. 699 of 2001 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 1st day of October, 2009 O R D E R The revision petitioner is the accused in C.C.No.144 of 1994 of the Judicial Magistrate of the First Class, Kuthuparamba and the appellant in Crl.A.No.306 of 1996 of Additional Sessions Court, Thalassery. He was convicted under section 3 read with section 25(1B)(a) of the Arms Act, 1959 and sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs.5,000/- and in default to undergo rigorous imprisonment for a further period of nine months. On appeal, the Additional sessions Court confirmed the conviction and modified the sentence to rigorous imprisonment for one year. Sentence of fine was maintained. The accused has filed this revision challenging his conviction and sentence. 2. When the revision petition came up for hearing, the learned counsel for the revision petitioner submitted that the revision petitioner died on 16-5-2003 and produced the death certificate. Therefore, the revision petition abates, so far as it relates to the sentence of imprisonment. As far as the sentence of fine is concerned, this revision petition is dismissed. The Crl.RP 699/01 2 trial court is directed to realize the fine imposed against the revision petitioner out of the assets of the deceased in the hands of legal heirs. The revision petition is disposed of as found above. P.Q.BARKATH ALI, JUDGE. mn Crl.RP 699/01 3 P.Q.BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Crl.R.P.No. 699 of 2001 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= O R D E R 1st day of October, 2009