Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure Composite sentence of imprisonment and fine |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Kerala Abkari Act, 1 of 1077 (1 of 1077) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – ss. 394, 421 – Composite sentence of imprisonment and fine – Death of accused pending appeal – Abatement of appeal – If any – Accused was convicted u/ ss.55(a), 55(g) of the Abkari Act and was imposed imprisonment for two years and fine of Rs. One Lakh under both the sections – High Court upheld the conviction, however held that since the accused died pending the appeal, the sentence of imprisonment has become unworkable – Regarding the imposition of fine it held that the Court below committed no mistake and thus, dismissed the appeal – On appeal by the legal heir of the accused, held: Both under the Old Code as well as under the present Code of Criminal Procedure, it is provided that the appeal against a sentence of fine shall not abate – Fine as per the provisions of the Code is recoverable from movable and immovable properties of the accused – Further, s.70, IPC inter alia provides that the death of offender does not discharge from the liability any property which would, after his death, be legally liable for his debts – In the present case, the appeal filed by accused in the High Court, being against sentence of fine, was required to be heard against the sentence of fine and was not to abate on his death – High Court rightly did not direct for abatement of appeal and proceeded to consider the appeal on merits – However, it does not appear that the legal heirs of accused were given opportunity to proceed with the appeal against the sentence of fine – High Court ought to have given them an opportunity to make their submissions against the sentence of fine, which fine could have been very well recovered from the assets of the accused in their hands – Judgment of the High Court set aside – Criminal appeal revived before the High Court – To be heard afresh after giving opportunity to the legal heirs of the accused to make submissions against the sentence of fine – Code of Criminal Procedure, 1898 – ss.431, 439 – Kerala Abkari Act – s.55 (a), (g) – Penal Code, 1860 – s.70. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2020 INSC 66 |
Petitioner | Ramesan (dead) Through Lr. Girija A |
Respondent | The State Of Kerala |
SCR | [2020] 1 S.C.R. 94 |
Judgement Date | 2020-01-21 |
Case Number | 77 |
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