Case Note & Summary
The Supreme Court of India dealt with an appeal filed by the State of U.P. against the acquittal of Mithun Singh, the sole accused, by the High Court of Judicature at Allahabad. The appeal was registered as Criminal Appeal No. 198/2021, arising from Criminal Appeal No. 6617/2017. During the proceedings, the State submitted an application indicating that the appeal should be abated due to the death of the respondent, which occurred on 28.10.2019, as supported by a death certificate provided as Annexure A1. The court acknowledged the death of the respondent and determined that the appeal could not continue, leading to the abatement of Criminal Appeal No. 198/2021 against Mithun Singh. The court's decision was formalized in an order dated September 24, 2021, by Justice C.T. Ravikumar.
Headnote
A) Criminal Law - Abatement of Appeal - Effect of Respondent's Death - Criminal Procedure Code, 1973, Section Not mentioned - The appeal filed by the State against the acquittal of the sole accused abated following the respondent's death, as evidenced by the death certificate submitted. The court held that the appeal could not proceed in light of the respondent's demise (Paras Not mentioned).
Issue of Consideration
Whether the appeal can continue after the death of the sole respondent
Final Decision
The Supreme Court abated Criminal Appeal No. 198/2021 against Mithun Singh due to his death on 28.10.2019, rendering the appeal moot.
Law Points
- Abatement of appeal
- Acquittal
- Death of respondent
