TMI Blog2020 (1) TMI 1569X X X X Extracts X X X X X X X X Extracts X X X X ..... against the sentence of fine despite death of accused-appellant. The view of the High Court is upheld that appeal filed by the accused was not to abate and was required to be heard and decided on merits but there is one aspect of hearing of the appeal before the High Court, which need to be noted - From the judgment of the High Court, it does not appear that after the death of the appellant-accused, his legal heirs were given opportunity to proceed with the appeal against the sentence of fine. The judgment of the High Court does not also mention that any counsel has appeared for the legal heirs. The High Court ought to have given an opportunity to legal heirs of the accused to make their submissions against the sentence of fine, which fine could have been very well recovered from the assets of the accused in the hands of the legal heirs. The ends of justice be served in reviving the Criminal Appeal before the High Court to give an opportunity to the legal heirs of the accused to make their submissions against the sentence of fine - appeal allowed in part. - CRIMINAL APPEAL NO. 77 of 2020 (@ SLP (Crl.)…… Diary No.40131/2017) - - - Dated:- 21-1-2020 - BHUSHAN, ASHOK AND SHA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its. High Court ought to have abated the appeal in toto. 4. Learned counsel for the State refuting the submission contends that there being sentence of fine also, the appeal has rightly been decided on merits by the High Court. The sentence of fine or composite sentence of imprisonment and fine, is also a sentence of fine. 5. We have considered the submissions of the learned counsel for the parties and have perused the records. 6. The only question to be decided in this appeal is as to whether in the facts of the present case, the accused who was sentenced for imprisonment as well as for fine, the High Court committed an error in not abating the appeal in toto. 7. Section 394 Cr.P.C. deals with abatement of appeals. Section 394 is as follows:- 394. Abatement of appeals. (1) Every appeal under section 377 or section 378 shall finally abate on the death of the accused. (2) Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant: Provided 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1), the Collector shall realise the amount in accordance with the law relating to recovery of arrears of land revenue, as if such warrant were a certificate issued under such law: Provided that no such warrant shall be executed by the arrest or detention in prison of the offender. 11. Section 70 of Indian Penal Code provides that any part of fine which remains unpaid may be levied at any time within six years after the passing of the sentence. The provision further provides that the death of offender does not discharge from the liability any property which would, after his death, be legally liable for his debts. Section 70 of the Indian Penal Code is as follows:- 70. Fine leviable within six years, or during imprisonment-Death not to discharge property from liability.- The fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability any property which would, after his death, be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. Learned Counsel for the State of Himachal Pradesh, who are respondents to the appeal, has raised a preliminary objection to the right of the appellant s widow to prosecute the appeal. He contends that the substantive sentence of imprisonment imposed on the appellant Harnam Singh came to an end with his death and therefore the appeal in regard to that sentence stands abated. As regards the sentence of fine, it is contended that since the deceased appellant was not sentenced to pay a fine only but was punished with a composite sentence of imprisonment and fine, the appeal would abate as regards the sentence of fine also. According to the learned Counsel this Court may, at the highest, set aside the sentence of fine if it finds that the appellant need not have been asked to pay a fine. But the order of conviction and the substantive sentence must remain and the legality or propriety of that order cannot any longer be questioned in view of the death of the appellant. 15. Rejecting the above submission, this Court laid down that if by the judgment under appeal a sentence of fine is imposed either singularly or in conjunction with a sentence of imprisonment, the appeal against c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Cr.P.C. in Lakshmi Shanker Srivastava Vs. State (Delhi Administration), (1979) 1 SCC 229. In the above case, the accused was sentenced to suffer rigorous imprisonment for 18 months on each count and a fine of ₹ 200. The accused had died during pendency of the appeal in this Court and argument was raised that in view of the above, the appeal abates and cannot be proceeded with. Such argument was noticed in paragraph 4, which is to the following effect:- 4. Mr H.R. Khanna, learned Counsel who appeared for the respondent raised a preliminary objection. It was urged that the appellant died during the pendency of this appeal and, therefore, the appeal abates and cannot be proceeded with. Simultaneously it was urged that if the appeal were not to abate on the only ground that the appellant was also sentenced to pay a fine of ₹ 200 and, therefore, it may be said that right to property of the legal representatives may be adversely affected and, therefore, they would be entitled to continue the appeal, the respondent State is prepared to concede that the sentence of fine may be set aside. 18. In the above case, a leave was obtained under the proviso to Section 394(2) by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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