Oomman Kunjukunju vs Satheeshan
2024 Latest Caselaw 25905 Ker

Kerala High Court

Oomman Kunjukunju vs Satheeshan on 30 September, 2024

CRL.A NO. 93 OF 2006                 1                 2024:KER:72836



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

      MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946

                          CRL.A NO. 93 OF 2006

      AGAINST THE ORDER/JUDGMENT DATED 12.12.2005 IN Crl.L.P.
NO.709 OF 2005 OF HIGH COURT OF KERALA ARISING OUT OF THE
ORDER/JUDGMENT DATED 10.08.2005 IN CC NO.213 OF 2001 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II,KOTTARAKKARA

APPELLANT/DEFACTO COMPLAINANT:

            OOMMAN KUNJUKUNJU
            S/O OOMMAN, VAVOTTU PUTHEN VEEDU, CHENTHAPARA DESOM,,
            ODANAVATTOM MURI, KOLLAM DISTRICT.


            BY ADVS.
            ALEXANDER GEORGE
            DILIP MOHAN



RESPONDENTS/ACCUSED NOS.1,2,3 AND 5/STATE:

     1      SATHEESHAN
            S/O.SUKUMARAN KONATHU VEEDU, ODANAVATTOM MURI,,
            ODANAVATTOM VILLAGE.

     2      MOHANAN S/O. KUNJUPILLAI
            BINDU BHAVANIL, ODANAVATTOM MURI,, ODANAVATTOM VILLAGE,
            KOLLAM DISTRICT.

     3      BIJU S/O. KARUNAKARAN
            IDAPPAMKONATHU VEEDU, ODANAVATTOM MURI,, ODANAVATTOM
            VILLAGE, KOLLAM DISTRICT.

     4      BAHULEYAN S/O. GANGATHARAN
            CHARUVILA PUTHEN VEEDU, ODANAVATTOM MURI,, ODANAVATTOM
            VILLAGE,, KOLLAM DISTRICT.
 CRL.A NO. 93 OF 2006                2                2024:KER:72836




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


            BY ADVS.
            MURALI MADANTHACODU
            C.V.MANUVILSAN
            T.K.SUJITH


OTHER PRESENT:

            PP-SMT.SEENA C.

     THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION           ON
30.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.A NO. 93 OF 2006                    3                2024:KER:72836




                            JUDGMENT

This appeal is at the instance of the defacto complainant in

CC No.213 of 2001 on the file of Judicial Magistrate of First

Class-II, Kottarakara against the acquittal of accused Nos.1, 2,3

and 5 in a private complaint filed by him under Sections 341,

323 read with Section 34 of IPC.

2. When the appeal was taken up for consideration on

4/9/2024, it was submitted that the appellant is no more. So

learned Public Prosecutor was directed to get a report from the

Station House Officer, Pooyapally Police Station.

3. Learned Public Prosecutor produced statement filed by

Inspector of Police, Pooyapally stating that, the appellant

Sri.Oomman Kunjukunju expired on 31/12/2009, and copy of his

death certificate also was produced along with the statement.

The 2nd respondent (A2) Sri.Mohanan also expired on

24/6/2007.

CRL.A NO. 93 OF 2006 4 2024:KER:72836

4. Learned counsel for the appellant submitted that the legal

representatives of the deceased appellant are not coming up for

prosecuting this appeal. Hence, the appeal stands abated.

In the result, this appeal is dismissed as abated.

Sd/-

SOPHY THOMAS, JUDGE ska