Case Note & Summary
The case involved a criminal appeal filed by Ram Kumar against the State of Punjab. During the proceedings, it was brought to the court's attention that Ram Kumar had passed away on March 1, 2011, as evidenced by a certificate from the Chief Registrar, Births & Deaths, Punjab. The court considered the implications of the appellant's death on the ongoing appeal. The primary legal issue was whether the appeal could continue after the appellant's demise. The court, upon reviewing the circumstances, determined that the appeal stood abated due to the death of the appellant. Consequently, the court dismissed the appeal, acknowledging that it could not proceed further in light of the appellant's passing. The final decision was made on July 20, 2012, with the court formally recording the abatement of the appeal.
Headnote
A) Criminal Procedure - Abatement of Appeal - Effect of Appellant's Death - Code of Criminal Procedure, 1973, Section Not mentioned - The appeal abated following the death of the appellant, as confirmed by a certificate from the Chief Registrar, Births & Deaths. The court held that the appeal could not proceed in light of the appellant's demise (Paras 1-2).
Issue of Consideration
Whether the appeal can continue after the death of the appellant
Final Decision
The appeal was dismissed as abated due to the death of the appellant.
Law Points
- Abatement of appeal
- Death of appellant
