Harris vs State of Kerala

Type Court Judgment Court Kerala Decided Nov 30, 2020

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Citation: sooperkanoon.com/1743265
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Nov 30, 2020
Case Number: CRL.A/1004/2005

Parties & Advocates

Appellant / Petitioner

Harris

Respondent

State of Kerala

Excerpt

.....parambil, komparamukku, mattanchery village. by advs. sri.mohan idiculla abraham sri.jiji n.varghese respondent:state of kerala represented by c.i. of police, mattanchery, through the public prosecutor, high court of kerala. r1 by public prosecutor k.b. udayakumar sr. pp this criminal appeal having been finally heard on 30.11.2020, the court on the same day delivered the following:p.v.kunhikrishnan, j.dated this the 30th day of november, 2020judgmentwhen this appeal came up for consideration on 13.11.2020 this court passed the following order;“ the public prosecutor will instruct the station house officer, mattancherry police station to issue a notice to the appellant, informing that the above criminal appeal arising from crime no. posted for final hearing on 30.11.2020. the officer concerned will file a statement before this court after serving a notice on or before 25.11.2020. issue a copy of this order to the public prosecutor today itself.”2. now the learned senior government pleaderfiled a statement in which report of the inspector of station house officer, mattancherry police station is enclosed. in the report, it is stated that, the appellant is no more and he died on 25.12.2008. the death certificate of the appellant is also produced. in the light of the above information this appeal is abated as far the sentence or imprisonment is concerned. since there is sentence of fine also the registry will do the needful in accordance to thejudgment of the full bench of this court in pazhani v.state of kerala (2017 (1) klt 341). hence, this criminal appeal is closed as abated as far as sentence or imprisonment is concerned. (sd/-) p.v.kunhikrishnan, judge lu

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 30TH DAY OF NOVEMBER 2020 / 9TH AGRAHAYANA, 1942 CRL.A.No.1004 OF 2005 AGAINST THE ORDER/JUDGMENT IN SC 654/2004 DATED 18-04-2005 OF IST ADDITIONAL SESSIONS JUDGE COURT, ERNAKULAM APPELLANT: HARRIS S/O.STATE BANK KUNJU, PETTIKKADAKKARANTE PARAMBIL, KOMPARAMUKKU, MATTANCHERY VILLAGE. BY ADVS. SRI.MOHAN IDICULLA ABRAHAM SRI.JIJI N.VARGHESE RESPONDENT:
STATE OF KERALA REPRESENTED BY C.I. OF POLICE, MATTANCHERY, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY PUBLIC PROSECUTOR K.B. UDAYAKUMAR SR. PP THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 30.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
Dated this the 30th day of November, 2020

JUDGMENT

When this appeal came up for consideration on 13.11.2020 this Court passed the following order;

“ The Public Prosecutor will instruct the Station House Officer, Mattancherry Police Station to issue a notice to the appellant, informing that the above criminal appeal arising from Crime No. posted for final hearing on 30.11.2020. The officer concerned will file a statement before this Court after serving a notice on or before 25.11.2020. Issue a copy of this order to the Public Prosecutor today itself.”

2. Now the learned Senior Government Pleader

filed a statement in which report of the Inspector of Station House Officer, Mattancherry Police Station is enclosed. In the report, it is stated that, the appellant is no more and he died on 25.12.2008. The death certificate of the appellant is also produced. In the light of the above information this appeal is abated as far the sentence or imprisonment is concerned. Since there is sentence of fine also the Registry will do the needful in accordance to the

judgment of the full bench of this Court in Pazhani V.

State of Kerala (2017 (1) KLT 341). Hence, this criminal appeal is closed as abated as far as sentence or imprisonment is concerned. (Sd/-) P.V.KUNHIKRISHNAN, JUDGE LU

Same Court & Year Kerala · 2020 Same Parties Harris vs State of Kerala Same Judge Honourable Mr. Justice P.V.Kunhikrishnan