Suryamani Samal died during the pendency of the appeal. Counsel informed the Court of the appellant's death and lack of application for leave to continue by near relatives. The Single Judge held that the appeal is abated under S. 394 Cr.P.C. and disposed of it.
The appeal is disposed of as abated.
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CRA No.151 of 1988
Suryamani Samal
… Appellant
-VERSUS-
State of Odisha
... Respondent
Heard Mr. Satyajit Mohapatra, learned counsel appearing on behalf of Mr. D.P. Dhal, learned Senior Advocate for the appellant and Mr. A.K. Nanda, learned Additional Government Advocate for the State.
This appeal has been filed challenging the impugned judgment and order dated 25.06.1988 passed by the learned Additional Sessions Judge, Jajpur in S.T. Case No.243/2 of 1986/1987 in convicting the appellant under section 304(I) of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for seven years.
A report has been received from the Inspector-inCharge of Binjharpur police station dated 05.08.2020 which reveals that the sole appellant Suryamani Samal has died on 06.01.2020 due to old age.
Learned counsel for the appellant submits that the appellant is dead.
Section 394 of the Cr.P.C. deals with abatement of appeals and sub-section (2) of section 394 of Cr.P.C. states that every other appeal under Chapter XXIX (except an appeal from a sentence of fine) shall finally
abate on the death of the appellant. In the proviso to the said section, it is mentioned that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal and if leave is granted, the appeal shall not abate. In the explanation portion of section 394 of Cr.P.C., it is mentioned that "near relative" means a parent, spouse, lineal descendant, brother or sister.
Since the appellant has died and none of his near relatives have filed any application for leave to continue the appeal, the appeal stands abetted and accordingly disposed of.
…………………..…… S.K. Sahoo, J.
PKSahoo
1 issue framed by the court
Whether the appeal stands abated on the death of the appellant without application for leave to continue by near relatives.
1 provisions across 1 enactments
Suryamani Samal
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
