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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Bhola @ Ram Dass – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Anoop Chitkara, J.
1. A common question of law is involved in all these appeals; as such, they are being decided together through a common judgment of the same date. Facts are extracted from CRA-S-77-SB-1999.
2. The convicts filed these appeals to challenge their convictions and sentences. Through separate orders, the appeals were admitted, the sentences were suspended, and the payment of the fines was stayed. Before the appeals came up for final hearing, in the interregnum, the appellants expired.
3. The question of law that arises is whether the appeals would abate due to the appellants' death, considering that neither their close relatives sought permission for substitution under Section 394(2) CrPC, nor did the appellants deposit the fine amount.
4. Since none represent the appellants, I have heard the Counsel for the States of Punjab, Haryana, and UT Chandigarh, as the outcome will have implications across all States.
5. Chapter XXXI of BNSS, 2023, from Section 413 to 435, deals with appeals.
6. S. 435 BNSS, 2023 reads as follows:
435. (1) Every appeal under section 418 or section 419 shall finally abate on the death of the accused.
(2) Every other appeal under this Chapter
Appeals against sentences do not automatically abate upon the appellant's death if relatives do not contest the case, allowing appeals to be dismissed as abated.
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.
Legal heirs of a deceased convict are liable for compensation awarded in criminal cases, and appeals do not abate upon the death of the accused regarding compensation.
Dishonour of cheque – Fine and compensation seeks to achieve same purpose.
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.
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 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.
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