In the realm of legal proceedings, the question of whether appeals should abate upon the appellant’s death is a significant one. The Court’s legal analysis on this matter delves into the intricacies of the law, exploring the legislative intention behind allowing appeals to continue post-mortem. Join us as we examine the nuanced legal reasoning guiding the decision in this case.
Facts
- The appellant had been in jail for approximately 12 years.
- The appellant was convicted under Section 302 of the Indian Penal Code for the murder of his daughter-in-law.
- High Court confirmed the sentence.
- Appeal has been filed.
Also Read: Court’s Jurisdiction in Re-appraising Arbitrator’s Findings
Arguments
- Mr. Shikhil Suri, an Amicus Curiae appointed by the Court, believes there is a strong chance of the appellant being acquitted in this case.
- He highlights the legislative intention behind allowing appeals to continue even after the appellant’s death.
- He orally prays for the appeal to not abate and requests its continuation.
- His argument is in favor of keeping the appeal active despite the appellant’s death.
Also Read: Contrary Directions in Issuance of Letter of Intent
Analysis
- The proviso allows a near relative to apply to the Appellate Court within thirty days of the appellant/convict’s death.
- The relative can seek leave to continue the appeal on behalf of the deceased.
- The proviso defines ‘near relative’ as a parent, spouse, lineal descendant, brother, or sister.
- In the present case, there is no application for leave to continue the appeal after the death of the appellant/convict.
Also Read: Application for Stay in Civil Suit Rejected: Court’s Legal Analysis
Decision
- An appeal under section 377 or section 378 abates on the death of the accused.
- Any other appeal under this Chapter, except an appeal from a sentence of fine, abates on the death of the appellant.
- If the appeal is against a conviction and sentence of death or imprisonment, and the appellant dies during the appeal, any near relative can apply within thirty days of the death for leave to continue the appeal.
- If leave is granted, the appeal will not abate.
Case Title: YERUVA SAYIREDDY Vs. THE STATE OF ANDHRA PRADESH (2022 INSC 1297)
Case Number: Crl.A. No.-000233-000233 / 2016
