After Man Convicted For Wife's Murder Dies, Kerala High Court Dismisses His Appeal Saying Children Would Not Want To Continue
The Kerala High Court has dismissed an appeal as abated after the death of a man convicted for the murder of his wife. Division Bench of Justice A. K. Jayasankaran Nambiar and Justice Syam Kumar V. M. said that the man's children would not be interested in coming on record to continue the appeal since in a sense, they are also victims of the alleged crime.The Code of Criminal Procedures...
The Kerala High Court has dismissed an appeal as abated after the death of a man convicted for the murder of his wife.
Division Bench of Justice A. K. Jayasankaran Nambiar and Justice Syam Kumar V. M. said that the man's children would not be interested in coming on record to continue the appeal since in a sense, they are also victims of the alleged crime.
The Code of Criminal Procedures entitles the near relatives of an appellant to continue with the appeal even after the death of the appellant, in cases when the appellant is sentenced with imprisonment or death.
The Court on facts distinguished the Full Bench decision of the High Court in Pazhani v State of Kerala (2017). It was held in that case that even if the near relatives of an appellant does not come on record to continue with the appeal, the Court should consign the appeal to the record room.
The Appellant was sentenced by the trial Court to life imprisonment and was directed to pay a fine of Rs. 50,000. The fine amount, if paid were to be divided equally between the two children.
The Court noted that the property of the late appellant would now devolve upon his two children. The Court therefore cancelled the sentence of payment of fine.
Counsel for Appellant: Advocates S. Rajeev, K. K. Dheerendrakrishnan, D. Feroze, V. Vinay
Counsel for Respondent: Public Prosecutor Adv. Alex M. Thombra
Case No: Criminal Appeal No. 763/ 2018
Case Title: Reghunadan v State of Kerala
Case Citation: 2024 LiveLaw (Ker) 391
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