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Madras High CourtCRL A/420/2017dismissed as abated

Murugan, M/A-36 Years v. State Rep.By

2023-12-15Honourable Mr Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.12.2023

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Murugan ...Appellant/Single Accused Vs.

State rep. by The Inspector of Police, Goundapadi Police Station, Goundampadi, Erode District.

Crime No.232 of 2015

...Respondent/Complainant

Criminal Appeal filed u/s.374 of the Code of Criminal Procedure to set aside the Judgment passed in S.C.No.168 of 2015 dated 25.04.2015 on the file of III Additional District and Sessions Court, Gopichetipalayam. For Appellant :

M/s.T.Muruganantham For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor 1/5

JUDGMENT

This Criminal Appeal has been filed by the accused challenging the conviction and sentence imposed upon him, for the offence under Section 304 (A) of the Indian Penal Code, vide judgment dated 25.04.2016, in S.C.No.168 of 2015 on the file of learned III Additional District Judge, Gobichettipalayam.

2. This Court on 08.12.2023, after hearing the learned counsel appearing for the appellant and the learned Additional Public Prosecutor disposed of the appeal by reducing the period of sentence of imprisonment imposed upon the appellant.

3. However, before the Judgment is typed and made ready, it was brought to the notice of this Court that the appellant had died on 26.10.2022 itself and hence, this appeal is listed today under the caption "for being spoken to."

4. Heard both sides.

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5. Today the learned Additional Public Prosecutor, informed on instructions that the appellant is no more and has produced the copy of the death certificate of the appellant issued by the Registrar (Birth & Death), G.M.K.M.C., Hospital, Salem dated 17.11.2022 and a certificate issued by the Village Administrative Officer. The learned counsel for the appellant confirms the said fact.

6. In view of the same, the Criminal Appeal stands dismissed as abated.

15.12.2023 Index: Yes/no dk 3/5

Copy to:- 1.The III Additional District and Session Judge, Gopichettipalayam.

2.The Inspector of Police, Goundapadi Police Station, Goundampadi, Erode District.

3.The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN , J.

dk Dated: 15.12.2023 5/5