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 for six months and one year respectively, with fines. He filed an appeal before the Bombay High Court. 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 sole legal issue was whether the appeal abates upon the death of the appellant. The court held that under Section 394 of the Code of Criminal Procedure, 1973, an appeal against a sentence of imprisonment abates on the death of the appellant, as the sentence cannot be executed against a deceased person. The exception for appeals against fine only did not apply. Consequently, the appeal was dismissed as abated. The court did not examine the merits of the conviction.
Headnote
A) Criminal Procedure - Abatement of Appeal - Death of Appellant - Section 394 CrPC - Appeal against conviction under Sections 7, 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988 abates on death of appellant as sentence of imprisonment cannot be executed against deceased - Held that appeal abates and is dismissed as abated (Paras 1-4).
Issue of Consideration
Whether a criminal appeal against conviction abates upon the death of the appellant when the sentence includes imprisonment and fine, and whether the legal heir can continue the appeal.
Final Decision
Appeal dismissed as abated due to death of appellant. No order as to costs.
Law Points
- Abatement of criminal appeal on death of appellant
- Section 394 CrPC
- Exception for fine-only sentence
- Prevention of Corruption Act
- 1988
Case Details
2019 LawText (BOM) (03) 81
Criminal Appeal No.493 of 2006
Ms. Nasreen S.K. Ayubi for the Appellant, Ms. Pallavi Dabholkar APP for the State
Vijay Parvatrao Salunkhe (since deceased)
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal appeal against conviction under Prevention of Corruption Act, 1988
Remedy Sought
Appellant sought acquittal from conviction and sentence imposed by trial court
Filing Reason
Appellant was convicted for demanding and accepting bribe for releasing a tempo vehicle
Previous Decisions
Trial court convicted appellant under Sections 7 and 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 and sentenced to imprisonment and fine
Issues
Whether the appeal abates upon the death of the appellant
Submissions/Arguments
Appellant's wife submitted that the appeal should be decided on merits despite appellant's death
State submitted that the appeal abates under Section 394 CrPC as the sentence includes imprisonment
Ratio Decidendi
Under Section 394 of the Code of Criminal Procedure, 1973, a criminal appeal against a sentence of imprisonment abates on the death of the appellant, as the sentence cannot be executed against a deceased person. The exception for appeals against fine only does not apply when the sentence includes imprisonment.
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 and sentenced to suffer six months and one year rigorous imprisonment, fine of Rs.500/ and Rs.1,000/ in default to suffer rigorous imprisonment for one month and three months respectively.
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, who has also been diagnosed with HIV+ve.
Procedural History
Trial court convicted appellant on charges under Prevention of Corruption Act, 1988. Appellant filed Criminal Appeal No.493 of 2006 before Bombay High Court. During pendency, appellant died on 28th March 2011. Wife continued prosecution. Court heard submissions on abatement and dismissed 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
