Case Note & Summary
The case involved a criminal appeal filed by the appellant, Vijayamoni, against the respondents, Jayarajan and another. After the appeal was filed in 2003, it was brought to the court's attention that the appellant had expired. The learned counsel for the appellant informed the court about the appellant's death, leading to the consideration of whether the appeal could proceed. The court determined that the appeal had abated due to the appellant's death, resulting in the dismissal of the appeal. The court's decision was based on the principle that an appeal cannot continue after the death of the appellant, thereby concluding the matter.
Headnote
A) Criminal Procedure - Abatement of Appeal - Dismissal due to Death of Appellant - Code of Criminal Procedure, 1973, Section Not mentioned - The appeal was dismissed as having abated following the death of the appellant after filing the appeal in 2003. Held that the appeal cannot continue post the appellant's demise (Paras Not mentioned).
Issue of Consideration
Whether the appeal can proceed after the death of the appellant
Final Decision
The appeal was dismissed as having abated due to the death of the appellant.
Law Points
- Abatement of appeal
- Death of appellant
