Sarojini vs State Of Kerala
2023 Latest Caselaw 1500 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                       CRL.A NO. 1383 OF 2018
    CRIME NO.928/2014 OF PUTHENVELIKKARA POLICE STATION,
                              ERNAKULAM
 SC 625/2017 OF ADDITIONAL SESSIONS COURT - II, NORTH PARAVUR


APPELLANT/ACCUSED NO.1:

             SAROJINI,
             AGED 74 YEARS
             W/O ANANDAN, VALIYAPARAMBIL HOUSE,
             KOMARANKERI POKKAM BHAGAM,
             PUTHENVELIKARA KARA, PUTHENVELIKARA VILLAGE.

             BY ADVS.
             M.VIVEK
             SRI.M.R.MADHU



RESPONDENT/COMPLAINANT:

             STATE OF KERALA,
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM.

             BY SMT.SHEEBA THOMAS


     THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
20.01.2023,     THE   COURT   ON    THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 CRL.A NO. 1383 OF 2018

                                    2




                            JUDGMENT

This criminal appeal has been filed by the 1st accused/appellant

challenging the judgment of conviction in S.C.No.625 of 2017 passed by

the Additional Sessions Court-II, North Paravur (for short 'the court

below') dated 31.10.2018.

2. The petitioner was convicted for the offences punishable

under Sections 306 and 498A of IPC. She was sentenced to undergo

simple imprisonment for a period of 6 months and to pay a fine of

Rs.2,000/-, in default to suffer simple imprisonment for 1 month for

the offence under Section 498A of IPC and further sentenced to

undergo simple imprisonment for a period of 1 year and to pay a fine of

Rs.3,000/-, in default to suffer simple imprisonment for 45 days for the

offence under Section 306 of IPC.

3. The learned counsel for the appellant submitted that the

appellant is no more. The death certificate has been produced.

Crl.M.A.No.1 of 2023 has been filed by the counsel for the accused No.1

stating that the legal heirs of the 1 st accused is prepared to remit the

fine.

4. In view of the death of the 1st accused, the conviction as CRL.A NO. 1383 OF 2018

against her stands abated. The permission sought for by the legal heirs

of the appellant to remit the fine is granted.

5. The legal heirs of the appellant shall remit the fine amount

of Rs.5,000/- (Rupees Five Thousand only) before the court below

within a period of two weeks from today.

The appeal is disposed of as above.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE AS CRL.A NO. 1383 OF 2018

APPENDIX OF CRL.A 1383/2018

PETITIONER'S ANNEXURES:

ANNEXURE A1 DEATH CERTIFICATE OF THE APPELLANT DATED 15-04-2021