Case Note & Summary
The case involved an appeal filed by the State of Andhra Pradesh against the judgment of the Andhra Pradesh High Court that had set aside the conviction and sentence of several accused in a criminal case. The appeal was particularly concerned with the status of D.V. Chandrasekhar, who was accused no.3 and had died during the pendency of the appeal. The Supreme Court examined the implications of his death on the appeal, specifically under Section 394 of the Code of Criminal Procedure, 1973, which addresses the abatement of appeals upon the death of the accused. The court noted that while the law allows for appeals to abate upon the death of the appellant, there is no provision for continuing such appeals in the case of special leave granted under Article 136 of the Constitution. The court referenced previous judgments, including Bondada Gajapathi Rao v. State of Andhra Pradesh and Harnam Singh v. The State of Himachal Pradesh, to establish that the principles regarding abatement of appeals apply equally to appeals filed under special leave. Ultimately, the court concluded that the appeal filed by the State abated due to the death of D.V. Chandrasekhar, and the cause title was to be amended to reflect the applicant's name to avoid confusion. The application was disposed of accordingly.
Headnote
A) Criminal Procedure - Abatement of Appeals - Effect of Death of Accused - Code of Criminal Procedure, 1973, Section 394 - The appeal abated on the death of the respondent D.V. Chandrasekhar as per Section 394 Cr.P.C., which governs the abatement of appeals upon the death of the accused. The court noted that there is no provision in the Cr.P.C. or Supreme Court Rules to continue the appeal after the death of the accused, leading to the conclusion that the appeal could not proceed (Paras 10-11).
Issue of Consideration
Whether the appeal abated on the death of the respondent D.V. Chandrasekhar under Section 394 of the Code of Criminal Procedure, 1973.
Final Decision
The Supreme Court held that the appeal abated on the death of D.V. Chandrasekhar, as there was no provision for continuing the appeal under the circumstances presented. The cause title was to be amended to reflect the applicant's name.
Law Points
- Abatement of appeals
- Death of accused
- Section 394 Cr.P.C.
- Special leave appeals
- Legal representatives
