Back
SUPREME COURT OF INDIA
Vineet Saran, Aniruddha Bose, JJ.
Yeruva Sayireddy – Appellant
Versus
The State of Andhra Pradesh & Anr. – Respondents
Criminal Appeal No. 233 of 2016
Decided On : 07-03-2022
Abatement - Criminal Appeal - Section 394 of Cr.P.C. - IPC 302 - No application for leave to continue the appeal after the death of the appellant/convict
Fact of the Case:
The appellant was convicted for murder under IPC Section 302. The appellant died after being in jail for about 12 years. No application for leave to continue the appeal was made by any near relative within 30 days of the appellant's death.
Finding of the Court:
The court found that as per Section 394 of the Cr.P.C., the appeal abates if no application for continuance is made by a near relative within 30 days of the appellant's death. The court held that the appeal abated due to the absence of such an application.
Issues: The main issue was whether the appeal should abate following the appellant's death and the absence of an application for continuance by a near relative within the specified time frame.
Ratio Decidendi: The court relied on Section 394 of the Cr.P.C., which provides for the abatement of appeals in case of the appellant's death, unless an application for continuance is made by a near relative within 30 days.
Final Decision: The court concluded that as no application for continuance of the appeal was made by any near relative within the specified time frame, the appeal abated and was disposed of accordingly.
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 legislature in providing an appeal not abating even after the death of the appellant/convict, his oral prayer as an Amicus Curiae be considered as an application for continuance of this appeal and appeal be not abated.
4. The appeal is governed by the substantive provision of law. Section 394 of the Cr.P.C. reads as under:
"394. Abatement of appeals. -
1) Every appeal under section 377 or section 378 shall finally abate on the death of the accused.
2) Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant:
Provided that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall not abate."
5. The counsel, as an Amicus, cannot be treated as a near relative of the deceased appellant/convict. The application for continuance of the appeal having not been made within 30 days or even thereafter by any near relative, in our opinion, as per the provision of Section 394 of the Cr.P.C, this appeal would abate. Accordingly, the appeal stands disposed of as having abated.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
