Case Note & Summary
The case involved a criminal appeal filed by the sole appellant, Shingheshwar Yadav, against the State of Bihar. On 07.10.2012, the court noted that the appellant had passed away, which led to the abatement of the appeal. The primary legal issue was whether the appeal could continue in light of the appellant's death. The court determined that the appeal could not proceed, as the death of the sole appellant rendered the case moot. Consequently, the court dismissed the appeal due to the abatement caused by the appellant's death.
Headnote
A) Criminal Procedure - Abatement of Appeal - Effect of Appellant's Death - Code of Criminal Procedure, 1973, Section Not mentioned - The appeal abated as the sole appellant had died, rendering the continuation of the appeal impossible. Held that the legal proceedings could not proceed in the absence of the appellant (Paras Not mentioned).
Issue of Consideration
Whether the appeal can continue after the death of the sole appellant
Final Decision
The appeal was abated due to the death of the sole appellant, Shingheshwar Yadav.
Law Points
- Abatement of appeal
- Death of appellant
