IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 Crl.Rev.Pet.No. 415 of 2001() ----------------------------- CRA.22/1996 of ADDL.SESSIONS COURT, THALASSERY SC.68/1994 of ADDL.SESSIONS COURT, THALASSERY .................... REVN. PETITIONER/APPELLANT ---------------------------------------------- CHODAN GOVINDAN NAMBIAR AGED 61 YEARS S/O.KUNHAMBU NAMBIAR PATTANNOR AMSOM KUNNOTH, MATTANNUR KANNUR DISTRICT BY ADV. SRI.M.SASINDRAN SRI.BEPIN VIJAYAN RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SMT.BINDHU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb P.Q.BARKATH ALI, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= CRL.R.P. No. 415 of 2001 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 9th day of February, 2011 O R D E R Revision petitioner is accused in S.C.No.68 of 1994 on the file of the Addl. Assistant Sessions Court, Thalassery and appellant in Crl.Appeal No. 22 of 1996 on the file of the Addl. Sessions Court, Thalassery. He was convicted under section 307 IPC and section 27 of the Arms Act by the trial court and was sentenced to undergo simple imprisonment for three years and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for six months under section 307 IPC and sentenced to undergo simple imprisonment for three years and to pay a fine of Rs.1,000/-, in default to undergo simple imprisonment for three months under section 27 of the Arms Act. The substantive sentences were ordered to run concurrently. If fine amount is realized, Rs.3,000/- was ordered to be paid to PW3 CRRP 415/2001 2 injured as compensation. On appeal, the lower appellate court confirmed his conviction and sentence. The accused has now come up in revision challenging his conviction and sentence. 2. When the revision petition came up for hearing today, learned counsel for the revision petitioner submits that the revision petitioner died. He produced a copy of the death certificate. Hence, the charge against the revision petitioner abates. The revision petition is accordingly dismissed. 3. The lower court shall take steps to realize the fine amount imposed from the assets of the deceased in the hands of his legal heirs. P.Q.BARKATH ALI, JUDGE. mn. CRRP 415/2001 3 CRL.M.P. No. 1937 of 2001 in CR.R.P.No.415 of 2001 Closed. 9-2-2011 Sd/- P.Q.BARKATH ALI, JUDGE. CRRP 415/2001 4 P.Q.BARKATH ALI, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~ CRL.R.P. No. 415 of 2001 =~=~=~=~=~=~=~=~=~=~=~=~=~=~ O R D E R 9th day of February, 2011