Jambu @ Saravanan @ v. State By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 03.11.2025

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Jambu @ Saravanan @ Shanmugam ... Appellant/Accused

Versus

State by, The Inspector of Police, Kondalampatty Police Station, Salem District.

Crime No.1027 of 2008.

... Respondent PRAYER : Criminal Appeal filed under Section 374 of Cr.P.C., praying to set aside the judgment of the learned Sessions Judge, Mahila Court, Salem in S.C.No.76 of 2010 dated 27.01.2017 and acquit the appellant herein from the said charges.

For Appellant : M/s.A.Veeramarthini Legal Aid Counsel For Respondent : Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor 1/6

JUDGMENT

The appellant/Accused in S.C.No.76 of 2010 was convicted by the trial Court by the judgment dated 27.01.2017 for offence under Sections 498(A), 304(B) of I.P.C. and Section 4 of Tamilnadu Dowry Prohibition Act and sentenced him to undergo 3 years rigorous imprisonment and to pay a fine of Rs.2,000/-, in default, to undergo further period of 3 months simple imprisonment for the offence under Section 498(A) of I.P.C., sentenced to undergo 7 years rigorous imprisonment, for the offence under Section 304(B) of I.P.C. and sentenced to undergo 2 years rigorous imprisonment and to pay a fine of Rs.2,000/-, in default, to undergo further period of 3 months simple imprisonment, for the offence under Section 4 of Tamilnadu Dowry Prohibition Act. Aggrieved against the same, the appellant/accused had preferred the above appeal.

2.The learned Additional Public Prosecutor submitted that the appellant name as per records is Shanmugavel, S/o.Ramanathan. His mother's name is 2/6

Krishnaveni and the appellant residing at No.4/171, Kattur, Amani Kondalampatty, Salem South, Salem. The appellant named as Jambu @ Saravanan @ Shanmugam in trial proceedings in S.C.No.76 of 2010, wherein, he was convicted by the trial Court on 27.01.2017, againt which, the appellant filed the present appeal. Now it was learnt that the appellant/Shanmugavel died on 13.06.2024.

3.The learned Additional Public Prosecutor produced a Death Certificate and a Certificate from Village Administrative Officer, Amani Kondalampatty Village, who is maintaining Birth and Death Register, confirming that the original name of the appellant as per records is Shanmugavel and he was also called as Jambu @ Saravanan. The Death Certificate and VAO certificate are extracted below: 3/6

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4. In view of the same, nothing survives for adjudication in this appeal. Hence, the Criminal Appeal stands dismissed as abated. 5.This Court appreciates the service rendered by Ms.A.Veeramarthini, learned Legal Aid Counsel for the appellant. The Tamil Nadu State Legal Services Authority shall pay the remuneration to Ms.A.Veeramarthini, Legal Aid Counsel.

03.11.2025 Index : Yes / No Speaking / Non-speaking order rsi 5/6

M.NIRMAL KUMAR , J.

rsi To 1.The Sessions judge, Mahila Court, Salem.

2.The Inspector of Police, Kondalampatty Police Station, Salem District.

3.The Public Prosecutor, High Court, Madras.

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