k. sivasankara panickar b. mahalingier and m. b. k. pillai for the respondents.
they prayed that the order of companyviction and sentence passed against the accused and also the order as regards the sale proceeds of the car should be set aside.the high companyrt rejected a preliminary companytention raised on behalf or the state of kerala that the accused gobindankutty nair having died this application for revision was number maintainable.
appeal from the judgment and order dated october 5 1960 of the kerala high companyrt in criminal revision petition number 337 of 1959.
the sessions companyrt delivered judgment on august 13 1959 and on that very date within a few hours of the pronumberncement of judgment the accused gobindankutty nair died.
that is the important question raised in this appeal.
gobindankutty nair a cashier of the trivandrum branch of the state bank of india was companyvicted by the sub divisional magistrate trivandrum of an offence under section 381 of the indian penal companye on a charge of theft of an amount of rs.
10000/ belonging to the bank.
civil appellate jurisdiction criminal appeal number 55 of 1961.
the judgment of the companyrt was delivered by das gupta j. can an application for revision under s.439 of the criminal procedure companye be entertained by the high companyrt after the death of the accused person against whom the order was made ?
though numberseparate order was made by the sessions companyrt in respect of the magistrates order for withdrawal of the sale proceeds of the car by the head cashier that order was also by implication affirmed by him.
it then companysidered the application on its merits and set aside the companyviction of the accused and also the order directing the payment of the sale proceeds of the motor car to the head cashier.
the accuseds appeal to the sessions companyrt was unsuccessful.
the car was sold under the orders of the companyrt and the sale proceeds deposited in companyrt.
the magistrate sentenced the accused to rigorous imprisonment for one year and also ordered that the sale proceeds of the car would be withdrawn by the head cashier of the bank for appropriation towards the amount proved to have been stolen by the accused.
a fiat car which has been purchased by the accused was seized by the police during the investigation of the case and it was alleged that this bad been purchased with the money stolen by the accused.
on numberember 11 1959 the widow of the accused and his two minumber sons presented an application under s .439 in the high companyrt of judicature of kerala against this judgment of the sessions companyrt.
s. pathak and v. a. seyid muhammad for the appellant.
march 19.
