Madras High CourtCRL A/271/2011dismissed as abated

Ganesan v. State By

2018-10-31Honourable Mr Justice Rmt. Teekaa Raman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.10.2018 CORAM :

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN Crl.A.No.271 of 2011 Ganesan ...Appellant ..Vs..

State by The Inspector of Police, Pallavaram Police Station, Kancheepuram District.

Crime No.935 of 2009

...Respondent

PRAYER: Criminal Appeal filed under Section 374(2) of the Criminal Procedure Code, to call for the records of the Sessions Judge, Mahalir Neethimandram, Coimbatore in S.C.No.317 of 2009 and set aside the conviction and sentence in his order dated 25.11.2010 and acquit the appellant herein.

For Appellant : Mr.A.K.Manojkumar Legal-aid-counsel For Respondent : Mrs.Sarathadevi, Govt.Advocate (Crl.Side)

JUDGMENT

This Criminal Appeal is filed against the judgment rendered by the Sessions Judge, Mahalir Neethimandram, Coimbatore in S.C.No.317 of 2009, dated 25.11.2010.

2. Heard both sides.

3. The learned Government Advocate (Crl.Side) has submitted that by the judgment dated 25.11.2010, the sole appellant/accused was convicted for the offence under Section 376(f) I.P.C and sentenced to undergo 10 years Rigorous Imprisonment and with fine of Rs.5,000/- in default, to undergo six months Rigorous Imprisonment. The learned Government Advocate also produced the Post-Mortem Certificate along with https://hcservices.ecourts.gov.in/hcservices/

F.I.R copy and stated that the appellant herein was released on 21.10.2017 from jail on remission, after serving 9 years. The appellant herein had committed suicide on 24.11.2017. Hence the charge framed against him stands abated.

4. In view of the above submissions made by the learned Government Advocate (Crl.Side), and as the appellant is dead, the proceedings in Criminal Appeal shall stand abated. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To 1.The Sessions Judge, Mahalir Neethimandram, Coimbatore.

2.The Inspector of police, Pallavaram Police station, Kanchepuram District.

3.The Public Prosecutor, High Court, of Madras.

4.The Section Officer, Criminal Section, High Court of Madras.

Crl.A.No.271 of 2011 SPD(CO) GSP(14/11/2018) https://hcservices.ecourts.gov.in/hcservices/