KANNAN, S/O GANAPATHI Vs. STATE OF KERALA

JUDGEMENT

(1.) Under challenge in this appeal is the judgment of the Additional Sessions Court-I, Kalpetta dtd. 13/10/2015 in S.C.No.24/2014, as per which the appellant/accused was convicted under Sec. 304, Part-II of the Penal Code. He was sentenced to undergo rigorous imprisonment for a term of seven years and to pay a fine of Rs.50,000.00, with a default clause of 18 months imprisonment.

(2.) When this matter was taken up for hearing, learned Public Prosecutor submitted that as per information received vide letter dtd. 6/5/2022, the appellant/accused was given remission by the Government and that he was released from the prison on 15/7/2019, after remitting the entire fine amount on the same date. However, in view of the judgments of this Court in Balan v. State of Kerala [1981 KLT 652] and Samul Philipose v. Koshy Thomas [2009 (4) KLT 360], the appeal cannot be dismissed as infructuous and has to be heard on merits.

(3.) The prosecution case