IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 1083 of 1995()
1. VISWANATHAN
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.V.V.SURENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.THANKAPPAN
Dated :06/10/2006
O R D E R
K. Thankappan, J.
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Crl. R.P. No. 1083 of 1995
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Dated this the 6th day of October, 2006.
O R D E R
The above revision petition was heard along with Crl.R.P.
No.1083/1995 and disposed of by a common order dated 15-4-2005, by
which this Court confirmed the conviction entered against the revision
petitioners by the appellate court and modified the sentence awarded
against them to pay a fine of Rs.1,500/-each and in default to undergo
simple imprisonment for one month each. Now as per the report of the
Chief Judicial Magistrate of the Ist Class-I, Kozhikode it is reported that
revision petitioner in Crl.R.P.No.1083/95 expired on 29-7-2003 and that
since the fine was imposed subsequent to the death of the revision
petitioner, it became impossible to recover the same from the legal heirs of
the deceased convict. It is seen that the petitioner in Crl.R.P.No.1083/95
was expired on 29-7-2003, i.e., before the pronouncement of the order, and
this was not brought to the notice of this Court while passing the order in
Crl.R.P.No.1083/95. In the circumstances, the order passed by this Court in
Crl.R.P.No.1083/95 dated 1-4-2005 is recalled and the Cr.R.P.No.1083/95
is dismissed as abated. Ordered accordingly.
K. Thankappan,
2
Judge.
mn.
K.Thankappan,J.
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Crl.R.P.No. 1083/95
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O R D E R
6-10-2006