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C. S. SUDHA
E. Muhammed Alias Kunhalan, S/o. Ali – Appellant
Versus
Sub Inspector Of Police, Nilambur Police Station – Respondent
ORDER :
1. The appellant is the first accused in S.C.No.36/2005 on the file of the Sessions Court, Manjeri. The appeal has been filed by him assailing the verdict of guilty, conviction and sentence in a prosecution for the offence punishable under Section 489B IPC. The appellant has been convicted and sentenced to rigorous imprisonment for three years and to pay a fine of Rs.5000/- and in default of payment of fine to undergo simple imprisonment for six months. The second accused was found not guilty and hence acquitted.
2. When the appeal was taken up for hearing, it was submitted that the appellant/1st accused is no more. A copy of the death certificate of the appellant produced, shows that he died on 26/12/2014. The question is, has the appeal abated on the death of the sole appellant ?
3. Section 394 of the Code of Criminal Procedure, 1973 (Cr.P.C.) deals with abatement of appeals. Sub-section (1) to Section 394 provides that every appeal under Section 377 or Section 378 shall finally abate on the death of the accused. Section 394(2) of the Code states that every other appeal under Chapter XXIX (except an appeal from a sentence of fine) shall finally abate on the death of the appe
The main legal point established in the judgment is that where the sentence is a composite one including fine along with imprisonment, the appeal would not abate under Section 394 of CrPC.
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.
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.
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.
The main legal point established in the judgment is that the appeal against a composite sentence of fine and imprisonment shall not abate on the death of the accused, and the court is bound to decide....
An appeal involving a composite sentence of imprisonment and fine does not abate upon the death of the accused, allowing legal heirs to continue the appeal.
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