Judgment

SARKAR, J. : This is an appeal from the sentence of imprisonment for life imposed on the appellant upon his conviction for the offence of the murder of his wife. The appeal was filed with the special leave of this Court granted under Art. 136 of the Constitution but the appellant died pending the appeal. His legal representatives now seek leave to continue the appeal.

2. There would seem to be authority for the proposition that revision petitions and some appeals from sentences of fine might be continued by his legal representatives on the death of the accused pending the proceeding : see S. 431 of the Code of Criminal Procedure and Pranab Kumar Mitra v. State of West Bengal (1959) Supp (1) SCR 63. It appears that in England appeals from similar sentence are permitted to be continued by the executors of the deceased appellant : see Hodgson v. Lakeman, 1943-1 KB 15. It is true that neither S. 431 nor the cases mentioned can be said to apply to the present case proprio vigore, for the present is not an appeal under the Code which is dealt with by S. 431 nor is it a revisional application like the one which came up for consideration in Pranab Kumar Mitra s case, (1959) Supp (1