2006 (7) TMI 649 - SC - Indian Laws

Whether appeal by special leave against sentence of imprisonment abates on the death of the accused/appellant?

Summary

Issues:
- Abatement of appeal on the death of the accused/respondent
- Application of Section 394 of Cr.P.C. in appeals by special leave before the Supreme Court
- Interpretation of Section 431 of the Code of Criminal Procedure, 1898

Abatement of Appeal on the Death of the Accused/Respondent:
The case involved an appeal filed by the wife of a deceased individual who was accused no.3 in a criminal case. The High Court had set aside the conviction and sentence imposed on the accused persons, including the deceased. The question arose whether the appeal abated upon the death of the respondent, as per Section 394 of the Cr.P.C. The Supreme Court analyzed previous judgments to determine the principles governing the abatement of appeals in such situations. It was established that appeals against convictions generally abate on the death of the accused, except in cases involving a sentence of fine. The Court emphasized that the death of the accused/appellant affects the property of the legal representatives, and this factor determines whether the appeal can be continued post-death.

Application of Section 394 of Cr.P.C. in Appeals by Special Leave Before the Supreme Court:
The Court examined the applicability of Section 394 of the Cr.P.C. to appeals filed with special leave before the Supreme Court. It was argued that Section 394 did not govern appeals by special leave before the Supreme Court. However, the Court referred to previous judgments to establish that the principles outlined in Section 394 were equally applicable to appeals filed with special leave. The Court highlighted that the nature of the sentence, whether fine or imprisonment, played a crucial role in determining the abatement of the appeal upon the death of the accused/appellant.

Interpretation of Section 431 of the Code of Criminal Procedure, 1898:
The Court delved into the interpretation of Section 431 of the Code of Criminal Procedure, 1898, which deals with the abatement of appeals. It was clarified that appeals against acquittals abate on the death of the accused, while every other appeal, except those from a sentence of fine, abates on the death of the appellant. The Court emphasized that the exception for appeals from a sentence of fine was due to the direct impact of the fine on the estate of the deceased, allowing the legal representatives to address the liability. The Court concluded that the appeal in question stood abated upon the death of the respondent, applying the principles outlined in the interpretation of Section 431.

In conclusion, the judgment addressed the abatement of appeals upon the death of the accused/respondent, the application of Section 394 of the Cr.P.C. in appeals by special leave before the Supreme Court, and the interpretation of Section 431 of the Code of Criminal Procedure, 1898. The Court emphasized the importance of considering the nature of the sentence and its impact on the property of the legal representatives in determining the abatement of appeals.