Case Note & Summary
The appellant, Kisan Nivrutti Choudhari, had filed Criminal Appeal No.103 of 1995 before the Bombay High Court against his conviction. During the pendency of the appeal, the appellant died on 14th September 2009. The appellant's counsel tendered the death certificate, which was taken on record. Since the appeal was against conviction and the appellant was the sole appellant, the court held that the appeal abated upon his death. Accordingly, the appeal was dismissed as abated.
Headnote
A) Criminal Procedure - Abatement of Appeal - Death of Appellant - Section 394 CrPC - Criminal appeal against conviction abates upon death of the sole appellant, as no legal representative can continue the appeal without leave of the court - Held that the appeal is dismissed as abated (Para 1).
Issue of Consideration
Whether a criminal appeal against conviction abates upon the death of the appellant.
Final Decision
Criminal Appeal No.103 of 1995 is dismissed as abated.
Law Points
- Abatement of criminal appeal upon death of appellant
- Section 394 CrPC
Case Details
2014 LawText (BOM) (11) 50
Criminal Appeal No.103 of 1995
P.V. Hardas, G.S. Kulkarni
Mr. Rahul Kate for Appellant, Mrs. S.D. Shinde APP for State
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Nature of Litigation
Criminal appeal against conviction
Remedy Sought
Appellant sought to challenge his conviction
Filing Reason
Appellant was convicted and filed an appeal
Issues
Whether the criminal appeal abates upon the death of the appellant.
Submissions/Arguments
Counsel for appellant tendered death certificate of appellant.
Ratio Decidendi
A criminal appeal against conviction abates upon the death of the sole appellant, as per Section 394 of the Code of Criminal Procedure, 1973.
Judgment Excerpts
This Criminal Appeal is therefore, dismissed as abated.
Procedural History
The appellant filed Criminal Appeal No.103 of 1995 against his conviction. During pendency, the appellant died on 14th September 2009. The death certificate was produced and the appeal was dismissed as abated.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): Section 394
