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Supreme Court of India 2020-01-21 partly_allowed

Ramesan (dead) through Lr. Girija A vs State of Kerala

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The appellant Ramesan was convicted under the Kerala Abkari Act and sentenced to two years imprisonment and one lakh rupees fine under two provisions. He died pending appeal in the High Court. His legal heir, Girija A., challenged the High Court's dismissal of the appeal. The Supreme Court held that while appeals against imprisonment sentences abate on the accused's death, appeals against fine sentences survive and must be heard. The Court ruled the High Court erred by not hearing the appeal on the merits of the fine sentence. The appeal was partly allowed and remitted for fresh hearing before the High Court.

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Criminal Law Criminal Procedure Abatement of Appeal Sentencing Kerala Abkari Act

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