IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 CRL.A.No. 2061 of 2008() ------------------------ AGAINST THE JUDGEMENT/ORDER IN CRLP.126/2007 Dated 06/03/2007 CC.520/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... APPELLANT(LEGAL HEIR AND WIDOW OF THE DECEASED COMPLAINANT) ---------------------------------------------------------------- THRESSIA VINCENT, W/O.LATE VINCENT STANLEY, AGED 53 YEARS, TEENA DALE, SAKTHIKULANGARA CHERRY, SAKTHIKULANGARA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.P.SIVARAJ RESPONDENT(S): ACCUSED & STATE ------------------------------ 1. P.LALI, S/O. O.PARAMU, LALMANDIRAM, NJARACKAL, PERINAD P.O., KOLLAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. C.M.NAZAR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 2061 OF 2008 = = = = = = = = = = = = = = = Dated this the 15th day of June, 2009. J U D G M E N T This appeal is preferred by the legal representatives of the deceased complainant against the order of acquittal passed u/s 256(1) Cr.P.C. in C.C.520/03 of the Judicial First Class Magistrate-II, Kollam. One Stanley Vincent was the complainant. A perusal of the order would reveal that he was absent on so many occasions and therefore the Court acquitted him u/s 256(1) Cr.P.C. The fact is now clear that he died on 13.9.06. the treatment records reveal that he was suffering from lung cancer with liver metastasis and diabetics mellitus. So the reason for his absence during the relevant period is supported by evidence and he was clinically unwell which disabled him to appear before Court. Therefore I feel the legal representatives should be given an opportunity. So the order of acquittal passed u/s 256(1) Cr.P.C. is set aside and the learned Magistrate is directed to restore the case back to file and dispose of the matter in accordance with law after Crl.A.2061 OF 2008 -:2:- affording equal opportunity to both the sides to adduce evidence in support of their respective contentions. The legal representative is directed to appear before the court below on 20.7.2009 and on her appearance, she shall take out summons to the accused as he has not entered appearance before this Court. M.N. KRISHNAN, JUDGE. ul/-