Introduction:

In a recent judgment by the Kerala High Court, an appeal was dismissed as abated after the death of the appellant, who had been convicted for the murder of his wife. The Division Bench comprising Justice A. K. Jayasankaran Nambiar and Justice Syam Kumar V. M. considered the implications for the appellant’s children, who were not inclined to continue the appeal, viewing themselves as victims of the crime.

Arguments of Both Sides:

The appellant’s counsel, including Advocates S. Rajeev, K. K. Dheerendrakrishnan, D. Feroze, and V. Vinay, argued for the continuation of the appeal despite the appellant’s demise. They contended that under the Code of Criminal Procedure, near relatives have the right to pursue appeals posthumously in cases of severe sentencing.

On the other hand, the Public Prosecutor, Adv. Alex M. Thombra, represented the respondent state and argued that since the appellant’s children were disinclined to pursue the matter, the appeal should be deemed abated as per legal precedents.

Court’s Judgment:

The Court examined the Full Bench decision in Pazhani v. State of Kerala (2017) and distinguished it based on the circumstances of this case. Despite the trial court’s imposition of life imprisonment and a fine, which was to be divided equally between the children, the High Court canceled the fine considering the appellant’s death and the inheritance of his property by his children.