Case Note & Summary
The appellant, Vijay Parvatrao Salunkhe, a police constable, was convicted by the trial court for offences under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, and sentenced to rigorous imprisonment and fines. He filed an appeal before the Bombay High Court challenging his conviction. During the pendency of the appeal, the appellant died on 28th March 2011 due to HIV-related illness. The appeal was being prosecuted by his wife, who was also HIV-positive. The court considered the legal position under Section 394 of the Code of Criminal Procedure, 1973, which provides that an appeal against conviction abates on the death of the appellant, except in certain cases involving fine or civil consequences. The court noted that the appeal was only against conviction and sentence, and no question of fine or acquittal of a co-accused was involved. Therefore, the court held that the appeal had abated and dismissed it as abated. The court did not examine the merits of the case.
Headnote
A) Criminal Procedure - Abatement of Appeal - Section 394 CrPC - Death of Appellant - Appeal against conviction abates on death of appellant as the sentence cannot be executed and the conviction cannot be challenged by a legal heir - Held that the appeal stands abated and is dismissed as abated (Paras 1-4).
Issue of Consideration
Whether a criminal appeal against conviction abates upon the death of the appellant-accused, and whether the legal heir can continue the appeal to challenge the conviction.
Final Decision
The appeal is dismissed as abated. The conviction and sentence stand, but no further action is required as the appellant is deceased.
Law Points
- Abatement of criminal appeal on death of appellant
- Section 394 CrPC
- Section 7 Prevention of Corruption Act 1988
- Section 13(1)(d) Prevention of Corruption Act 1988
- Section 13(2) Prevention of Corruption Act 1988
Case Details
2019 LawText (BOM) (02) 61
Criminal Appeal No.493 of 2006
Ms. Nasreen S.K. Ayubi for the Appellant, Ms. Pallavi Dabholkar APP for the State
Vijay Parvatrao Salunkhe (deceased)
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Nature of Litigation
Criminal appeal against conviction under Prevention of Corruption Act, 1988.
Remedy Sought
The appellant sought acquittal from the conviction and sentence imposed by the trial court.
Filing Reason
The appellant was convicted for demanding and accepting a bribe of Rs.500 for releasing a seized tempo.
Previous Decisions
The trial court convicted the appellant under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, sentencing him to six months and one year rigorous imprisonment with fines.
Issues
Whether the criminal appeal abates upon the death of the appellant-accused.
Submissions/Arguments
The appellant's wife, prosecuting the appeal, argued for setting aside the conviction.
The State opposed, contending that the appeal had abated due to the appellant's death.
Ratio Decidendi
Under Section 394 of the Code of Criminal Procedure, 1973, an appeal against conviction abates on the death of the appellant, as the sentence cannot be executed and the legal heir cannot challenge the conviction. The appeal is dismissed as abated.
Judgment Excerpts
The appellant/original accused herein was convicted for the offence punishable under Sections 7 and 13(1)(d) and Section 13(2) of Prevention of Corruption Act, 1988...
The appellant/accused has expired on 28th March 2011, as he was diagnosed with HIV+ve.
The appeal is being prosecuted by the wife of the appellant/accused...
In view of the above, the appeal stands abated and is accordingly dismissed as abated.
Procedural History
The appellant was convicted by the trial court. He filed Criminal Appeal No.493 of 2006 before the Bombay High Court. During the pendency of the appeal, the appellant died on 28th March 2011. The appeal was prosecuted by his wife. The High Court heard the matter on the question of abatement and dismissed the appeal as abated on 1st February 2019.
Acts & Sections
- Prevention of Corruption Act, 1988: 7, 13(1)(d), 13(2)
- Code of Criminal Procedure, 1973: 394
