Madras High CourtCRL A(MD)/509/2019dismissed as abated

Karuppan v. The Inspector Of Police

2022-07-08Honourable Mr Justice P. N. Prakash,Honourable Mrs Justice R. Hemalatha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08.07.2022

CORAM:

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mrs. JUSTICE R.HEMALATHA Karuppan : Appellant Vs.

State represented by The Inspector of Police, Palamedu Police Station, Madurai District, Crime No.176/2013 : Respondent PRAYER: Criminal Appeal is filed under Section 374(2) of the Code of Criminal Procedure, against the judgment of conviction and sentence passed by the learned Principal District and Sessions Judge, Madurai dated 27.02.2018 made in S.C.No.346 of 2015.

For Appellant : Mr.C.Mayilvahana Rajendran For Respondent : Mr.A.Thiruvadikumar Additional Public Prosecutor 1/4

JUDGMENT

(Judgment of the Court was delivered by P.N.PRAKASH, J.) The appellant faced a prosecution in S.C.No.346 of 2015 in the Court of Principal District and Sessions Judge, Madurai, in which he was convicted and sentenced on 27.02.2018 as under: Section of Law Sentence of imprisonment Fine amount 302 IPC To undergo imprisonment for life .......

2. Challenging the conviction and sentence the appellant filed the present appeal in the year 2019 with the delay of 521 days, which was condoned by this Court in Crl.M.P.(MD)No.8697 of 2019 on 14.10.2019. Thereafter, the appeal was numbered as Crl.A.(MD)No.509 of 2019. 2/4

3. Today, when the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that the appellant died on 20.04.2020 at Government Rajaji Hospital, Madurai. Since the near relatives of the appellant have not come forward to continue the appeal in terms of proviso to Section 394 (2) Cr.P.C., despite the information having been passed to them by the learned counsel for the appellant, the present appeal stands abated under Section 394(2) Cr.P.C. [P.N.P., J.] & [R.H., J.] 08.07.2022 Index : Yes/No Internet : Yes vsm 3/4

P.N.PRAKASH, J AND R.HEMALATHA, J vsm To 1.The Principal District and Sessions Judge, Principal District and Sessions Court, Madurai 2.The Inspector of Police, Palamedu Police Station, Madurai District, 3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. 4.The Record Keeper, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

Judgment made in Crl.A.(MD)No.509 of 2019 08.07.2022 4/4