Bhaskaran vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 31, 2023

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Citation: sooperkanoon.com/1349993
Court: Kerala High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Oct 31, 2023
Case Number: Crl.Rev.Pet/4384/2007

Parties & Advocates

Appellant / Petitioner

Bhaskaran

Respondent

State of Kerala

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice p.somarajan tuesday, the 31st day of october 2023 / 9th karthika, 1945 crl.rev.pet no. 4384 of 2007 against the order/judgment crla 218/2007 of additional sessions court, fast track court -ii, alappuzha sc 663/2005 of additional assistant sessions court, alappuzha revision petitioner/appellant/accused: bhaskaran, s/o.kochucherukkan puthetharayil (anithalayam),, kumarapuram ward- 9,kumarapuram village,, karithikappally. by adv smt.a.salini lal respondent: state of kerala public prosecutor, high court of kerala,, ernakulam. other present: pp sri sangeetharaj n r this criminal revision petition having come up for admission on 31.10.2023, the court on the same day delivered the following: crl.rev.pet no. 4384 of 2007 2orderheard the the learned public prosecutor and the amicus curiae adv.harishma p.thampi.2. the learned counsel for the revision petitioner adv.a.salini lal remained absent. the revision petition is of the year, 2007 and by this time, the revision petitioner passed away.3. the finding of guilt is under section 8(1) and 8(2) of thekerala abkari act. nothing was brought to the notice of this court in order to interfere with the findings of guilt of accused for the above said offences concurrently by both the courts below. sentence awarded includes two year imprisonment and a fine of rs.1 lakh. since, the accused passed away, the substantive sentence ordered will stand abated. the fine ordered is the minimum and as such not amenable for any kind of interference. hence, the revision petition fails. as against the fine amount imposed which comes to rs.1 lakh, it is made clear that the said amount can be recovered from the asset left out by the deceased accused. crl.rev.pet no. 4384 of 2007 3 the service rendered by the amicus curiae adv.harishma p.thampi is placed on record. sd/- p.somarajan judge ska

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN TUESDAY, THE 31ST DAY OF OCTOBER 2023 / 9TH KARTHIKA, 1945 CRL.REV.PET NO. 4384 OF 2007 AGAINST THE ORDER/JUDGMENT CRLA 218/2007 OF ADDITIONAL SESSIONS COURT, FAST TRACK COURT -II, ALAPPUZHA SC 663/2005 OF ADDITIONAL ASSISTANT SESSIONS COURT, ALAPPUZHA REVISION PETITIONER/APPELLANT/ACCUSED: BHASKARAN, S/O.KOCHUCHERUKKAN PUTHETHARAYIL (ANITHALAYAM),, KUMARAPURAM WARD- 9,KUMARAPURAM VILLAGE,, KARITHIKAPPALLY. BY ADV SMT.A.SALINI LAL RESPONDENT: STATE OF KERALA PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM. OTHER PRESENT: PP SRI SANGEETHARAJ N R THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 31.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CRL.REV.PET NO. 4384 OF 2007 2

ORDER

Heard the the learned Public Prosecutor and the amicus curiae Adv.Harishma P.Thampi.

2. The learned counsel for the revision petitioner Adv.A.Salini Lal remained absent. The revision petition is of the year, 2007 and by this time, the revision petitioner passed away.

3. The finding of guilt is under Section 8(1) and 8(2) of the

Kerala Abkari Act. Nothing was brought to the notice of this Court in order to interfere with the findings of guilt of accused for the above said offences concurrently by both the courts below. Sentence awarded includes two year imprisonment and a fine of Rs.1 lakh. Since, the accused passed away, the substantive sentence ordered will stand abated. The fine ordered is the minimum and as such not amenable for any kind of interference. Hence, the revision petition fails. As against the fine amount imposed which comes to Rs.1 lakh, it is made clear that the said amount can be recovered from the asset left out by the deceased accused. CRL.REV.PET NO. 4384 OF 2007 3 The service rendered by the amicus curiae Adv.Harishma P.Thampi is placed on record. Sd/- P.SOMARAJAN JUDGE ska

Same Court & Year Kerala · 2023 Same Parties Bhaskaran vs State of Kerala Same Judge Honourable Mr. Justice P.Somarajan