MUHAMMED ALIAS KUNHALAN Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellant is the first accused in S.C.No.36/2005 on the file of the Sessions Court, Manjeri. The appeal has been filed by him assailing the verdict of guilty, conviction and sentence in a prosecution for the offence punishable under Sec. 489B IPC. The appellant has been convicted and sentenced to rigorous imprisonment for three years and to pay a fine of Rs.5000.00 and in default of payment of fine to undergo simple imprisonment for six months. The second accused was found not guilty and hence acquitted.

(2.) When the appeal was taken up for hearing, it was submitted that the appellant/1st accused is no more. A copy of the death certificate of the appellant produced, shows that he died on 26/12/2014. The question is, has the appeal abated on the death of the sole appellant ?

(3.) Sec. 394 of the Code of Criminal Procedure, 1973 (Cr.P.C.) deals with abatement of appeals. Sub-sec. (1) to Sec. 394 provides that every appeal under Sec. 377 or Sec. 378 shall finally abate on the death of the accused. Sec. 394(2) of the Code states that every other appeal under Chapter XXIX (except an appeal from a sentence of fine) shall finally abate on the death of the appellant. The proviso to Sec. 394 states that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal and if leave is granted, the appeal shall not abate.