Children Won’t Be Interested In Pursuing Appeal Of Deceased Father Accused Of Murdering Their Mother: Kerala HC Upholds Murder Conviction
The Kerala High Court, while upholding murder conviction, observed that children would not be interested in pursuing their deceased father’s appeal against the conviction for their mother’s murder.
The Bench confirmed the impugned judgment of the trial court and dismissed the appeal against the conviction as abated. The Court also modified the sentence imposed by the trial court by cancelling the sentence of the fine imposed. The trial court had sentenced the appellant to undergo imprisonment for life and to pay a fine.
A Division Bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M. observed, “In a case such as the present, where the children of the late appellant, who are lineal descendants, are also, in a sense, victims of the crime for which he was convicted since the conviction and sentence imposed on him was for the murder of his wife i.e. the mother to his children, we don't perceive of the situation where his children would be interested in pursuing the appeal. ”
Advocate S. Rajeev represented the petitioners, while P.P. Alex M. Thombra appeared for the respondents.
The High Court noted during the hearing of the appeal that the appellant (father) had passed away during the pendency of the appeal. In this regard, the Court examined the implications of Section 394(2) of the CrPC regarding the abatement of the appeal due to the appellant’s death.
The Court referred to the Full Bench judgment in Pazhani v. State of Kerala (2017 (1) KHC 173), which held that even without an application from the near relatives of the deceased appellant, the Court must consign the appeal to the record room. “On the facts in the instant case, we do not see a possibility of any near relative of the appellant approaching this Court for pursuing the appeal,” the Court noted.
“It is trite that the permission granted by the Statute to a near relative for leave to continue the appeal is with the object of providing a machinery whereby the children or member of the family of a convicted person, who dies during the pendency of an appeal, can challenge the conviction and get rid of the stigma attached to the family,” the Court remarked.
The trial court had sentenced the appellant to undergo imprisonment for life and to pay a fine. The fine amount, if realized, was directed to be divided equally between the children of the deceased appellant.
Considering the peculiar circumstances of the case, where the fine imposed would have affected the estate left behind for the children, the Court decided to partly allow the appeal. The sentence of fine imposed by the trial court was cancelled, while the judgment of the trial court was upheld. The appeal against the conviction was dismissed as abated.
Consequently, the Court held that “In all other respects, the impugned judgment of the trial court shall stand confirmed and the appeal against the conviction is dismissed as abated.”
Accordingly, the High Court disposed of the appeal.
Cause Title: Reghunadan v. State Of Kerala (Neutral Citation: 2024:KER:42233)
Appearance:
Petitioner: Advocates S. Rajeev, K.K.Dheerendrakrishnan, D.Feroze and V.Vinay
Respondent: P.P. Alex M. Thombra
