Case Note & Summary
The Supreme Court was seized with an application filed by the State of Uttar Pradesh in a criminal appeal matter. The background involved a criminal appeal filed by the State against the acquittal of the sole accused by the High Court of Judicature at Allahabad. The facts revealed that the State had filed Criminal Appeal No. 198/2021 challenging the acquittal, but subsequently filed an application (I.A. No. 80032/2021) stating that the appeal had abated against the sole respondent. The State produced the death certificate of the sole respondent, Mithun Singh, showing his death on 28.10.2019. The legal issue before the Court was whether the criminal appeal stood abated following the death of the sole respondent. The State's argument was presented through the application and supporting death certificate. The Court's analysis involved examining the application and the death certificate evidence. The Court reasoned that in light of the death of the sole respondent, the criminal appeal against him stood abated. The decision was to declare Criminal Appeal No. 198/2021 against the sole respondent as abated.
Headnote
A) Criminal Procedure - Abatement of Appeal - Death of Sole Respondent - Code of Criminal Procedure, 1973 - The State filed an application stating that the criminal appeal had abated against the sole respondent due to his death, producing a death certificate as evidence - The Court examined the application and death certificate showing respondent's death on 28.10.2019 - Held that in light of these circumstances, the criminal appeal against the sole respondent stands abated (Paras 1-3).
Issue of Consideration
Whether the criminal appeal stands abated following the death of the sole respondent
Final Decision
Criminal Appeal No. 198/2021 against the sole respondent (Mithun Singh) stands abated
Law Points
- Abatement of criminal appeal upon death of sole respondent
- Procedure for abatement in criminal cases
- Effect of death certificate on pending appeal
