Case Note & Summary
The case involved an appeal filed by the appellant against the State (NCT of Delhi). During the proceedings, the court received a photocopy of the death certificate of the appellant, which was presented by the learned counsel for the State. The certificate was produced by the concerned Police Officer from Nangloi Police Station. Given the circumstances of the appellant's death, the court determined that the appeal could not continue and was thus disposed of as having abated. The court's decision was based on the legal principle that an appeal cannot proceed if the appellant is deceased.
Headnote
A) Criminal Procedure - Abatement of Appeal - Death of Appellant - Criminal appeal abated due to the death of the appellant - The court acknowledged the production of the death certificate and disposed of the appeal accordingly. Held that the appeal cannot proceed in the absence of the appellant (Paras Not mentioned).
Issue of Consideration
Whether the appeal should be abated due to the death of the appellant
Final Decision
The appeal was disposed of as having abated due to the death of the appellant.
Law Points
- Abatement of appeal
- Death of appellant
