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2020 (1) TMI 1569 - SC - Indian LawsAbatement of appeals - appellant died pending the appeal - the sentence of imprisonment has become unworkable or not - 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? - HELD THAT:- This Court in Bondada Gajapathi Rao Vs. State of Andhra Pradesh, [1964 (3) TMI 90 - SUPREME COURT] had occasion to consider Section 431 Cr.P.C. A special leave petition was filed in this Court, the accused died during pendency of special leave petition. This Court again reiterated the principle on which hearing of a proceeding may be continued after the death of an accused. The appeal filed by accused Ramesan in the High Court was not to abate on death of the accused. The High Court rightly did not direct for abatement of appeal and proceeded to consider the appeal on merits. The appeal before the High Court being against sentence of fine was required to be heard 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.
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