AIR 1964 SUPREME COURT 1645 ::1965 AllCriR 288 ::1965 MadLJ(Cri) 240 ::1964 7 SCR 251 ::1965 (1) SCJ 465 ::1965 (1) SCWR 1014 ::1965 SCD 390

Supreme Court Of India

(From Andhra Pradesh)*

Hon'ble Judge(s): Ajit Kumar Sarkar, M. Hidayatullah, J. R. Mudholkar , JJJ

(A) Constitution of India , Art.136, Art.134— Appeal by special leave against sentence of imprisonment - Death of accused appellant - Appeal abates - Principles of S. 431 Cr. P. C. can be applied to appeals under Constitution against sentence of fine and not against sentence of imprisonment. Criminal P.C. (5 of 1898) , S.431— S. 431 Criminal P. C. does not apply proprio vigore to a case of appeal filed with the special leave of the Supreme Court granted under Art. 136, when the appellant accused dies pending the appeal.(Para 2) @page-SC1646 But where the appeal is against sentence of fine, the appeal may be permitted to be continued by the legal representatives of the deceased appellant accused. There is no provision making such appeals abate. If they can be continued when arising under the Code, there is no reason why they should not be continued when arising under the Constitution. If revision petitions may be allowed to be continued after the death of the accused so should appeals, for between them no distinction in principle is possible for the purpose of continuance. The principle on which the hearing of a proceeding may be continued after the death of an accused would appear to be the effect of the sentence on his property in the hands of his legal representatives. If the sentence affects tha....