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MANINDRA MOHAN SHRIVASTAVA, MADAN GOPAL VYAS
Deep Chand – Appellant
Versus
Union Of India – Respondent
ORDER
1. Heard on application for abatement of appeal under Section 394 of CrPC filed by the respondent.
2. Learned Senior Counsel appearing for respondent would argue that the appeal was preferred by the deceased appellant-Deep Chand who died on 05.08.2010. It is argued that after death, the appeal would abate as the deceased was convicted and sentence of imprisonment was imposed on him. Even if it is a composite sentence of fine and imprisonment, imprisonment being the main component of the sentence, the appeal would abate.
3. On the other hand, learned counsel for the appellant relying upon the recent judgment of the Supreme Court in the case of Ramesan (Dead) Thro' LR's. Girija A. Vs. State of Kerela [2020 Cr.L.R. (SC) 173] would submit that where the sentenceis composite one, not only being of imprisonment but also a fine, the appeal would not abate under the provisions of law.
4. After hearing the learned counsel for the parties, in our considered opinion, where sentence is a composite one including imprisonment as well as fine, the appeal would not abate under Section 394 of CrPC. In the case of State Rep. by The Inspector of Police (supra), their Lordships in the Supreme Court,
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.
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.
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....
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.
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