William vs State Of Kerala

C. S. Dias, J

The revision petition is filed assailing the judgment passed in Crl.A No.573/2013 by the Sessions Judge, Ernakulam, who set aside the judgment in C.C No.99/2009 of the Court of the Judicial First Class Magistrate II, Aluva and directed the learned Magistrate to reconsider the matter afresh, after affording both sides a full opportunity to let in further evidence.

This Court, had admitted the revision petition and stayed further proceedings in C.C 99/2009.

The learned Magistrate, by communication dated 27.9.2023, has informed this Court that the revision petitioner died on 13.10.2021. A copy of the death certificate has been forwarded to this Court along with the said communication.

In Pazhani v. State of Kerala [2017(1) KLT 341 (FB)], a Full Bench of this Court has declared the law that, if pending an appeal/revision petition, the appellant/revision petitioner/accused dies and there is no sentence of fine imposed on the accused, then the appeal/revision petition is to be dismissed as abated. However, there is a fine imposed on the accused and he dies pending the proceedings, then the near relatives of the accused have a right to come on record and prosecute the appeal/revision petition.

In the case at hand, although the learned Magistrate had convicted the revision petitioner and sentenced him to undergo simple imprisonment for a period of six months and pay a fine of Rs.1,000/-, in appeal, the learned Sessions Judge had set aside the said judgment and remanded the matter back for fresh consideration. Therefore, there is no conviction or sentence passed against the revision petitioner.

In  the  light  of Sec.394  of  the  Code  of Criminal Procedure and the law declared in Pazhani (supra), I hold that that the revision petition has abated.

Resultantly, the revision petition is dismissed as abated.