Saifudeen vs State Of Kerala
2021 Latest Caselaw 5299 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

     FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942

                       CRL.A.No.839 OF 2006

 AGAINST THE ORDER/JUDGMENT IN SC 180/2001 DATED 21-01-2004 OF II
               ADDITIONAL DISTRICT COURT,ERNAKULAM


APPELLANT/S/1ST ACCUSED:

             SAIFUDEEN
             AGED 40 YEARS, S/O. ABOOBACKER,
             R/AT ASRAJ BUILDING,, NR. LOBO BROTHERS MEDICAL SHOP,
             MATTANCHERRY.

             BY ADV. SRI.TOM JOSE

RESPONDENT/S/COMPLAINANT:

             STATE OF KERALA
             REP. BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA,, ERNAKULAM.


             SMT. M.K.PUSHPALATHA, SR.PP

     THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 12.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.A.No.839 OF 2006

                           2




                       JUDGMENT

When this matter has been taken up for hearing,

the learned Senior Public Prosecutor has submitted

that the appellant is no more. The learned Senior

Public Prosecutor also filed a memo, whereby she

produced the copy of the report submitted by the

Circle Inspector of Police, Palluruthy and also the copy

of the postmortem certificate. The learned Senior

Public Prosecutor also produced the copy of the

certificate issued by the Superintendent of Central

Prison, Viyyur, which would show that the appellant

expired on 04.09.2007 while undergoing treatment in

the Government Medical College, Thrissur. The copy

of the report of the Circle Inspector, Palluruthy would CRL.A.No.839 OF 2006

also show that the appellant died on 04.09.2007.

However, nobody has come forward to contest the

appeal. Therefore, the appeal stands abated and the

appeal shall be consigned to the record room as held

by the Full Bench of this Court in Pazhani v. State of

Kerala (2017(1) KHC 173). The report submitted by

the learned Senior Public Prosecutor will form part of

the records of this case.

Sd/-

B.SUDHEENDRA KUMAR JUDGE RK/12.02.2021