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Judgment
C. S. Dias, J
The revision petition is filed challenging the judgment passed in Crl.Appeal No.87/2011 by the Court of the Additional Sessions Judge,(Adhoc) Court No.I, Pathanamthitta (Appellate Court), who in turn had confirmed the judgment in C.C.No.663/2003 passed by the Court of the Judicial First Class Magistrate-I,Ranni (Trial Court), concurrently convicting the revision petitioner for the offences under Sections 447 & 326 of the Indian Penal Code, 1860, and sentencing him to undergo rigorous imprisonment for a period of six months and pay a fine of Rs.5,000/-, and in default to undergo imprisonment for a further period of three months.
When the revision petition came up for admission on 14.10.2011, this Court had stayed the execution of sentence subject to the condition that the revision petitioner deposits the fine amount before the Trial Court within a period of three weeks from the date of said order.
On a perusal of the records, it is seen that the revision petitioner had deposited the fine amount of Rs.5,000/- before the Trial Court on 02.11.2011.
When the revision petition came up for hearing on 21.09.2023, the learned counsel appearing for the revision petitioner submitted that the revision petitioner is no more, but he had already deposited the fine amount.
In view of the above submission, this Court had directed the learned Public Prosecutor to ascertain from the the jurisdictional Police as to whether the revision petitioner is dead.
Today, when the revision petition was taken up for consideration, the learned Public Prosecutor, on instructions, submitted that the revision petitioner died on 05.11.2020. The copy of the death certificate was handed over to this Court.
In Pazhani v. State of Kerala [2017(1) KLT 341(FB)], a Full Bench of this Court has categorically declared the law that, if pending an appeal/revision petition, the appellant/r̥evision petitioner/accused dies and there is a sentence of fine imposed on the accused, then the near relatives of the deceased accused have a right to come on record and prosecute the appeal/revision petition. If no such application is filed, then the appeal/revision petition has to be confined to the record room.
In the instant case, although the revision petitioner died on 05.11.2020, his near relatives have not come on record to prosecute the revision petition. Moreover, during the pendency of the revision petition and before the death of the revision petitioner, he had remitted the fine amount. Thus, I am of the view that nothing further survives in the revision petition and the same is only to be dismissed as abated.
Following the law laid down in Pazhani (supra), and taking into account that the revision petitioner has remitted the fine amount, I hold that the revision petition is to be dismissed as abated.
Resultantly, the revision petition is dismissed as abated.