9911796707
TMI Blog2006 (7) TMI 649X X X X Extracts X X X X X X X X Extracts X X X X ..... ons. All those revision petitions related to the judgment of the Court of the VII Additional Munsif Magistrate, Guntur in C.C. No.53 of 1990. The accused persons are described as A-1, A- 2, A-3 etc. A-1 was charged with offences punishable under Sections 381, 411 and 120-B of the Indian Penal Code, 1860 (in short 'IPC'); A-2 to A-11 and A-15 were charged with offences punishable under Sections 120-B and 414 I.P.C. A-12 to A-14 were charged with offence punishable under Section 411 I.P.C. A-4 died during the trial of the case. The case against A-10 was separated. Through its Judgment dated 26.11.2000 the trial Court convicted the above said accused persons for the offences alleged against them and awarded sentences of various desc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y to the Appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall not abate. Explanation In this section, near relative means a parent, spouse, lineal descendant, brother or sister. It is to be noted that Section 394 Cr.P.C. corresponds to Section 431 of the Code of Criminal Procedure, 1898 (in short the 'Old Code'). In Bondada Gajapathi Rao v. State of Andhra Pradesh (AIR 1964 SC 1645) three-judge Bench of this Court was dealing with the situation as to whether appeal by special leave against sentence of imprisonment abates on the death of the accused/appellant. Three separate judgments were rendered by the Hon'ble Judges. The principles as can be culled out from the said decisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of his legal representatives, and therefore, the appeal, in such a case, would abate, upon the death of the accused. (5) In fact that the accused was a government servant and was under suspension during the trial and the fact that if the conviction and sentence were set aside, his estate would be entitled to receive full pay for the period of suspension, cannot be said to affect his estate, because, the setting aside of the sentence would not automatically entitle the legal representatives to the salary. It would be extending the principle applied to the case of a sentence of fine, if on the basis of it appeal against imprisonment is allowed to be continued by the legal representatives after the death of the appellant and for such an e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... des that no appeal shall lie from any judgment or order of a Criminal Court except as provided for by the Code or by any other law for the time being in force and ends with Section 431 which deals with abatement of appeals. Section 411A(2) provides for appeals to the High Court from orders of acquittal passed by the High Court in the exercise of its original criminal jurisdiction. Section 417 deals with appeals to the High Court from original or appellate orders of acquittal passed by courts other than a High Court. By Section 431, appeals against acquittal filed under Section 411A(2) or Section 417 finally abate on the death of the accused. Dead persons are beyond the processes of human tribunal and recognizing this, the first limb of Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x years after the passing of the sentence and if the offender has been sentenced for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts . The fact that the offender has served the sentence in default of payment of fine is not a complete answer to the right of the Government to realize the fine because under the proviso to Section 386(1)(b) of the Code the court can, for special reasons to be recorded in writing issue a warrant for realizing the fine even if the offender has undergone the whole of the imprisonment in default of payment of fine. The sentence of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isonment, the appeal against conviction would be an appeal from a sentence of fine within the meaning of Section 431. All that is necessary is that a sentence of fine should have been imposed on the accused and the appeal filed by him should involve the consideration of the validity of that sentence. 11. It is difficult to discern any principle behind the contrary view. The reason of the rule contained in the exception is that a sentence of fine operates directly against the estate of the deceased and therefore the legal representatives are entitled to clear the estate from that liability. Whether or not the sentence of fine is combined with any other sentence can make no difference to the application of that principle. In view of wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
