IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 CRL.A.No. 1797 of 2003 --------------------------------- SC.NO.440/2001 OF ADDL. SESSIONS COURT (ADHOC), THRISSUR, CP.NO.25/1999 OF JUDL. MAGISTRATE OF FIRST CLASS COURT,CHALAKUDY. .................... APPELLANT/ACCUSED: ---------------------------------- CHAKKAPPAN, AGED 78, S/O. VARUTHUNNI, MECHERY HOUSE, MELOOR VILLAGE. BY ADVS. MR.K.A.SREEJITH, MR.JOSE MECHERY. RESPONDENT: ---------------------- STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE, KORATTY. BY PUBLIC PROSECUTOR SMT. REKHA C. NAIR. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 19/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.Q. BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.A.No. 1797 of 2003 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 19th day of October, 2009 JUDGMENT The learned counsel for the appellant submits that the appellant is no more and hence the appeal may be dismissed as abated. 2. As the appellant/accused is dead, charge against him abates. Therefore, the appeal abates in so far as it relates to the sentence of imprisonment. With respect to the sentence of fine, the appeal is dismissed. The trial court is directed to realize the fine imposed on the appellant out of his assets in the hands of his legal heirs. P.Q. BARKATH ALI, JUDGE mn