Madras High CourtCRL A/761/2013dismissed as abated

Maha @ Mahalingam v. State By

2016-06-23Honourable Mr Justice V. Bharathidasan,Honourable Mr Justice S. Nagamuthu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 23-06-2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.APPEAL No.761 of 2013 Maha alias Mahalingam ...

Appellant -vsState by Inspector of Police, Virudampet Police Station, Vellore District.

(Cr.No.91/2009).

...

Respondent Appeal against the judgment, dated 11.11.2013, made in S.C.No.33 of 2010 on the file of Principal District Sessions Court, Vellore.

For appellant :

Mr.R.Sankarasubbu For respondent :

Mr.M.Maharaja, Additional Public Prosecutor.

JUDGMENT

(Judgment of the Court was delivered by S.Nagamuthu,J.) This appeal has been filed by the second accused in S.C.No.33 of 2010 on the file of Principal Sessions Court, Vellore. He has been convicted for the offence under Sections 341 and 302 IPC and sentenced to undergo rigorous imprisonment for one month for the offence under Section 341 IPC and pay fine of Rs.500/-, in default, to undergo rigorous imprisonment for one week; and to undergo life imprisonment for the offence under Section 302 IPC and pay fine of Rs.10,000/-; in default, to undergo rigorous imprisonment for three years.

2. Today, when the appeal was taken up, the learned counsel for the appellant on record submitted that Mr.Mahalingam, the appellant herein, is no more, as he was murdered. The learned Additional Public Prosecutor appearing for the State also submitted that the appellant died on 05.09.2015 and, in connection with his death, a case was registered in Crime No.544 of 2015 on the file of Vellore https://hcservices.ecourts.gov.in/hcservices/

North Police Station, under Section 302 IPC. The said Statement is recorded.

3. From the above statement, it is clear that the appellant is no more. No one has also come forward to prosecute the case on his behalf. Thus, this appeal stands abated.

4. In the result, this Criminal Appeal is dismissed, as abated.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar dixit To 1.The Principal District & Sessions Judge, Vellore.

2.The Inspector of Police, Virudampet Police Station, Vellore District.

3.The Superintendent, Central Prison, Salem.

4.The Public Prosecuter, High Court, Madras.

CRL.A.No.761 OF 2013 mg co kra 21.07.2016 https://hcservices.ecourts.gov.in/hcservices/