IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 Crl.Rev.Pet.No. 98 of 2003 ----------------------------------- (S.T.NO.1910 OF 1997 OF THE JUDCIAIL FIRST CLASS MAGISTRATE COURT-III, THRISSUR & Crl.A.No.409 OF 2000 OF THE COURT OF FIRST ADDITIONAL SESSIONS JUDGE, THRISSUR) REVN. PETITIONER(S): APPELLANT/ACCUSED: --------------------------------- RAJAN, S/O. VELAYUDHAN, VADAKKANCHERY VEETTIL HOUSE, VENGINISSERY P.O., THRISSUR DISTRICT. BY ADV. SRI.T.RAJESH RESPONDENTS(S): RESPONDENTS/COMPLAINANT: --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MRS.BABY SOLAMAN, W/O. SOLAMAN, PALISSERY HOUSE, MINOR ROAD, THRISSUR. R1 BY PUBLIC PROSECUTOR SMT.REKHA.C.NAYAR. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl.R.P.No. 98 of 2003 ---------------------------------------- Dated this the 1st day of July, 2011 ORDER Learned counsel for the revision petitioner submitted that the revision petitioner is no more and hence, the above petition becomes infructuous and the same may be dismissed, accordingly. 2. In view of Section 394 of the Cr.P.C., only the appeal filed under Section 377 or Section 378 shall finally abate on the death of the accused and every other appeal, except an appeal from a sentence of fine, shall finally abate on the death of the appellant. As per the proviso, the legal heirs of the appellant can continue the appeal where the appeal is against a conviction and sentence of death or of imprisonment. 3. In the present case, the sentence imposed is only one day imprisonment i.e., till the rising of the court and there is no sentence of fine. In the light of the above facts and in view of the above provisions, I am of the view that the revision petition became finally Crl.R.P.No.98 of 2003 :-2-: abated on the death of the revision petitioner/accused and accordingly, the same is dismissed as abated. But, I have no hesitation to hold that the interested party, if any, can approach this Court in accordance with the law and procedure to set aside the abatement of the revision petition, if the same permits so. The Criminal Revision Petition is dismissed as abated. V.K.MOHANAN, Judge MBS/ Crl.R.P.No.98 of 2003 :-3-: V.K.MOHANAN, J. Crl.R.P.No.98 of 2003 O R D E R Dated:01.07.2011 Crl.R.P.No.98 of 2003 :-4-: