Vijay Singh and Anr. v. State of Bihar
Case brief
What is this about?
Abatement of criminal appeal on death of both accused-appellants; no near relative filed application for leave to continue appeal; Section 394 CrPC 1973 corresponding to Section 435 BNSS 2023; Patna High Court CR. APP (DB) No.543 of 2002; appellants Vijay Singh and Bhukhal Ram reported dead vide SP Siwan Letter No. 552 dt. 11.05.2026 and reports of SHO Raghunathpur and Sarpanch Gram Kutchery Gavirar; appeal abated and disposed of; trial court record ordered returned; order per Chief Justice Sangam Kumar Sahoo with Harish Kumar J.
What did the court decide?
In view of the letters/reports dated 11.05.2026 indicating both appellants dead, and invoking Section 394 of the Code of Criminal Procedure, 1973 (which corresponds to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), since no near relative has filed any application for leave to continue the appeal, the Criminal Appeal stands abated.