YERUVA SAYIREDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellant in this case was an accused who was convicted by the Trial Court under Sec. 302 of the Indian Penal Code, 1860 (IPC) for murder of his daughterinlaw. The sentence was confirmed by the High Court and hence, this appeal has been filed.

(2.) Admittedly, the appellant has died after being in jail for about 12 years. As per Sec. 394 of the Code of Criminal Procedure, 1973 (Cr.P.C.) on the death of the appellant/convict the appeal is to abate. The proviso thereof carries an exception to the effect that a near relative may, within thirty days of the death of the appellant/convict, apply to the Appellate Court for leave to continue the appeal. The explanation to the said proviso defines 'near relative' to mean a parent, spouse, lineal descendant, brother or sister. In the present case, there is no application for leave to continue the appeal after the death of the appellant/convict.

(3.) Mr. Shikhil Suri, learned counsel appearing as an Amicus Curiae appointed by this Court on behalf of the deceased appellant/convict has submitted that this is a very good case where there is every chance of the appellant being acquitted and considering the intention of the legislature in providing an appeal not abating even after the death of the appellant/convict, his oral prayer as an Amicus Curiae be considered as an application for continuance of this appeal and appeal be not abated.