Case Note & Summary
The case involved a criminal appeal before the Supreme Court of India, with Uma Shanker Sharma as the appellant and the Registrar General as the respondent. The appellant had filed the appeal, but during its pendency, the appellant died on July 27, 2021. The appellant's counsel, Ms. Manisha Ambwani, submitted this information to the court and provided a copy of the death certificate as evidence of the demise. The court perused the death certificate and considered the circumstances. The legal issue centered on whether the appeal abates due to the death of the sole appellant. The appellant's counsel argued that the appeal had abated because of the appellant's death, supported by the death certificate. The court analyzed the situation and reasoned that in criminal appeals, the death of the sole appellant leads to abatement of the appeal. The court held that the appeal abates on account of the death of the sole appellant, resulting in the dismissal of the appeal. The decision was made by Justice B.V. Nagarathna on October 20, 2021.
Headnote
A) Criminal Procedure - Abatement of Appeal - Death of Sole Appellant - Code of Criminal Procedure, 1973 - The appellant died during the pendency of the appeal, and the counsel submitted a death certificate as evidence - The court perused the death certificate and held that the appeal abates on account of the death of the sole appellant, resulting in dismissal (Paras 1-2).
Issue of Consideration
Whether the criminal appeal abates due to the death of the sole appellant
Final Decision
The appeal abates on account of the death of the sole appellant and is dismissed
Law Points
- Abatement of appeal upon death of sole appellant
- Procedure for abatement in criminal appeals
