Ashokan vs State Of Kerala

C.S Dias, J

The revision petition is filed assailing the judgment passed by the Court of the Additional Sessions Judge (Adhoc-II), Ernakulam (Appellate Court) in Crl.A No.431/2010, whereby the Appellate Court confirmed the conviction against the revision petitioner by the Court of the Judicial First Class Magistrate-II, Ernakulam (Trial Court) in CC No.2531/2002 for the offences punishable under Secs. 279 and 304 (A) of the Indian Penal Code and sentenced him to undergo simple imprisonment for a period of three months and to pay a fine of Rs.3,750/- and in default to undergo simple imprisonment for a further period of two months.

When the revision petition came up for admission on 7.4.2011, this Court had admitted the revision petition and suspended the execution of sentence on condition that the revision petitioner executes a bond and deposits the entire fine amount before the Trial Court.

On 13.9.2023, when the revision petition was taken up for hearing, the learned counsel appearing for the revision petitioner submitted that the revision petitioner is no more. Consequent to the above submission, this Court had directed the learned Public Prosecutor to obtain instructions from the jurisdictional Police to ascertain as to whether the revision petitioner is no more.

Today, when the revision petition was taken up for consideration, the learned Public Prosecutor, on instructions, submitted that the revision petitioner died on 1.2.2021. The jurisdictional Police has informed that the death certificate will be forwarded to the Public Prosecutor. The said submission is recorded.

In Pazhani vs. State of Kerala [2017 (1) KLT 341 (FB)], a Full Bench of this Court has categorically declared the law that, pending an appeal/revision petition, if the appellant/r̥evision petitioner/accused dies and there is a sentence of fine imposed, then the near relatives of the deceased appellant/r̥evision petitioner/accused can come on record within a reasonable time period and prosecute the appeal/revision petition. If no such application is filed, the appeal/revision petition can be dismissed as abated.

In the light of the law laid down in Pazhani (supra) and taking into account that the revision petitioner has already remitted the fine amount, I am of the view that the revision petition has abated and nothing further survives in the revision petition.

Resultantly, the revision petition is dismissed as abated.