Kerala High Court
V.Shashikala vs State Of Kerala on 9 October, 2013
Author: K.Harilal
Bench: K.Harilal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL
WEDNESDAY, THE 9TH DAY OF OCTOBER 2013/17TH ASWINA, 1935
Crl.Rev.Pet.No. 2011 of 2013
--------------------------------
CRL.A 276/2010 of SESSIONS COURT, KASARAGOD
SC 280/2008 of ASST. SESSIONS COURT, KASARAGOD
REVISION PETITIONER & LEGAL HEIR OF THE DECEASED APPELLANT/ACCUSED:
--------------------------------------------------------------------------------
V.SHASHIKALA
W/O.LATE RAGHUNATHA RAI, R/AT MALLADKA HOUSE
NEERCHAL VILLAGE, KASARAGOD TALUK
KASARAGOD DISTRICT. (LEGAL HEIR OF RAGHUNATHA RAI
THE DECEASED APPELLANT IN CRL.A NO 276/2010 OF THE COURT OF
SESSIONS JUDGE, KASARAGOD)
BY ADV. SRI.K.P.HARISH
RESPONDENT/RESPONDENT/COMPLAINANT:
---------------------------------------------
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.LIJU V. STEPHEN.
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 09-10-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OKB
K.HARILAL, J.
---------------------------------------------
Crl.R.P. No.2011 of 2013
---------------------------------------------
Dated this the 9th day of October, 2013
O R D E R
The revision petitioner herein is the wife of the deceased appellant, Raghunatha Rai, in Crl.Appeal No.276/2010 on the files of the Court of Sessions Judge, Kasaragod as well as the sole accused in S.C.No.280/2008 on the files of the Court of Assistant Sessions Judge, Kasaragod. He was prosecuted for the offence punishable under Section 55(a) of the Abkari Act and convicted thereunder. He was sentenced to suffer simple imprisonment for three years and to pay a fine of Rs.1 lakh and in default, to undergo simple imprisonment for six months. Aggrieved by the conviction and sentence, he had preferred an appeal, as referred above. During the pendency of the above appeal, the accused, Raghunatha Rai, passed away on 22.6.2011. The death of the accused was reported to the court and the court, in turn, directed the prosecution to ascertain the submission made by the counsel for the accused and also to produce death certificate of the accused. In compliance with the direction of the court, the Public Prosecutor produced the Crl.R.P.2011/13 :2:
death certificate issued by the Grama Panchayath wherein it was stated that on 22.6.2011 Mr.Ragunatha Rai, the accused in the above case, has passed away and the death was registered on 8.11.2011. On the basis of the death certificate, the learned Sessions Judge dismissed the appeal as abated. This judgment is under challenge in this Revision Petition.
2. The learned counsel for the revision petitioner submits that the learned Sessions Judge went wrong by dismissing the appeal on finding that the appeal will abate on the death of the accused. The learned counsel cited the decision State of Andhra Pradesh Vs. Narasimha Kumar [2006 (3) KLT 505 (SC)] and drew my attention to the proposition laid down by the Apex Court. Going by the above decision, it is seen that the Apex Court held that an appeal from a composite order of sentence combining the substantive imprisonment with fine does not abate on the death of accused.
But, in the instant case, the learned Sessions Judge dismissed the appeal as abated. I am of the opinion that the procedure adopted by the learned Sessions Judge consequent on the death of the appellant is, per se, illegal and unsustainable in view of the above decision laid down by the Apex Court.
3. Consequently, I set aside the impugned judgment Crl.R.P.2011/13 :3:
under challenge and the matter is remitted back to the Sessions Court, Kasaragod, which passed the impugned judgment, for fresh consideration of the appeal on merits. The learned Sessions Judge is directed to restore the appeal on files and dispose the same afresh after affording an opportunity of being heard to the legal heir of the deceased appellant, who is the revision petitioner in this Revision Petition. The revision petitioner shall appear either in person or through counsel before the Sessions Court, Kasaragod, on or before 11.11.2013.
This Revision Petition is allowed.
Sd/-
(K.HARILAL, JUDGE) okb.