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VINEET SARAN, ANIRUDDHA BOSE
Yeruva Sayireddy – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER
1. The appellant in this case was an accused who was convicted by the Trial Court under Section 302 of the Indian Penal Code, 1860 (IPC) for murder of his daughter-in-law. The sentence was confirmed by the High Court and hence, this appeal has been filed.
2. Admittedly, the appellant has died after being in jail for about 12 years. As per Section 394 of the Code of Criminal Procedure, 1973 (Cr.P.C.) on the death of the appellant/convict the appeal is to abate. The proviso thereof carries an exception to the effect that a near relative may, within thirty days of the death of the appellant/convict, apply to the Appellate Court for leave to continue the appeal. The explanation to the said proviso defines 'near relative' to mean a parent, spouse, lineal descendant, brother or sister. In the present2 case, there is no application for leave to continue the appeal after the death of the appellant/convict.
3. Mr. Shikhil Suri, learned counsel appearing as an Amicus Curiae appointed by this Court on behalf of the deceased appellant/convict has submitted that this is a very good case where there is every chance of the appellant being acquitted and considering the intention of the legislat
The main legal point established is that under Section 394 of the Cr.P.C., an appeal abates if no application for continuance is made by a near relative within 30 days of the appellant's death.
The court considered the provisions of Section 394(2) of the Code of Criminal Procedure and the Full Bench judgment of the Court in Pazhani vs. State of Kerala, 2017 (1) KHC 173, to determine the aba....
An appeal does not abate upon the death of the appellant if it involves a sentence of fine, and sufficient explanation for delay in filing an application to continue the appeal can be accepted.
An appeal does not abate upon the death of an appellant when the sentence includes a fine, as established under Section 394 of the Cr.P.C.
Legal representatives can continue an appeal if the appellant dies during pendency, as per Section 394(2) of Cr.P.C.
Proviso to Section 372 CrPC makes it discernible that a victim shall have a right to prefer an appeal against any order passed by Court acquitting accused or convicting accused for a lesser offence o....
Legal heirs can pursue revision applications after the applicant's death if interested; lack of interest leads to abatement without applicable provision.
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