High CourtsSingle Bench(2020) 11 KL CK 0068

P.J. Thomas vs State Of Kerala And Anr

High Court Of Kerala · Decided on 23 November 2020

HON’BLE JUDGES
N. Anil Kumar, J
RESULT
Dismissed
CASE NUMBER
Criminal Revision Petition No. 173 Of 2007(E)

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Judgment

11 paragraphs · 203 words
1.

The learned counsel for the revision petitioner submitted that the revision petitioner is no more.

2.

The learned Senior Public Prosecutor, on instructions, submits that the revision petitioner passed away on 24.04.2009 as per the Death Certificate

issued by the Department of Panchayat.

3.

The composite sentence of imprisonment and fine was awarded by the trial court as well as the appellate court. So far as the sentence of

imprisonment is concerned, it stands abated consequent to the death of the revision petitioner/accused. However, the sentence of fine does not abate.

4.

The learned Senior Public Prosecutor submits that it is practically not possible to trace out the legal heirs of the revision petitioner/accused at this

point of time. Hence, it is requested that the revision petition may be closed, without prejudice to the rights of the legal heirs if any, to get the revision

re-open, if deemed necessary.

In the result, this revision petition stands closed, without prejudice to the rights of the legal heirs of the revision petitioner/accused to get the revision

re-open, if deemed necessary. The Registry is directed to send back the records to the trial court for execution of the sentence of fine, in accordance

with law.