STATE OF ANDHRA PRADESH Vs. S NARSHIMHA KUMAR

JUDGEMENT

(1.) This petition has been filed by wife of one D.V. Chandrasekhar who was accused No.3 in C.C. No.53/1990 and was respondent No.3 in the appeal. It is to be noted that the appeal has been filed against the judgment rendered by a learned Single Judge of the Andhra Pradesh High Court disposing of several Criminal Revision petitions.

(2.) 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 descriptions.

(3.) The High Court set aside the conviction and sentence imposed in respect of the concerned respondents. In the appeal as noted above, the deceased D.V. Chandrasekhar who was A-3 is the respondent in the Criminal Appeal relating to Criminal Revision No.1424 of 2001. The applicant has filed the present appeal stating that on the death of the said respondent the appeal abated so far he is concerned. The logic of Section 394 of the Code of Criminal Procedure, 1973 (in short Cr.P.C.) was pressed into service. Learned counsel for the State on the other hand submitted that Section 394 Cr.P.C. does not govern the case of an appeal by special leave before this Court.