VIDYA DEVI Vs. STATE

JUDGEMENT

(1.) This revision has been filed by one Sm. Vidya Devi, who is the widow of one Jai Narain, A criminal case under Section 408, Penal Code was launched against Jai Narain and he was convicted and sentenced to nine months' rigorous imprisonment and to a fine of Rs. 1,000/- by a Magistrate, first class. Jai Narain filed an appeal before the Sessions Judge of Gorakhpur which came up for hearing on 16-3-1953. It appears that during the pendency of the appeal the appellant Jai Narain died. The fact that Jai Narain was dead on 16-3-1953, was brought to the notice of the learned sessions Judge but the Court proceeded with the appeal ex parte and dismissed it. It is against this order that the petitioner has come up in revision.

(2.) When this revision came up for hearing before a learned Judge of this Court, learned counsel for the applicant raised two contentions. The first was that the learned Sessions Judge should have passed an order of abatement of the whole appeal and that the order dismissing the appeal was bad in law. The second contention was that on the death of Jai Narain a notice should have been sent to the applicant, who is the legal representative of the deceased, to enable her to prosecute the appeal. As the revision raised two questions of law of some importance, the learned Single Judge-referred the case to a Bench.

(3.) The first question that falls for our consideration is whether the appeal filed by Jai Narain abated as a whole on the death of the convict. To answer this question it is necessary to refer to Section 431, Criminal P. C., which is as follows :-