The appellant in this case was an accused who was
convicted by the Trial Court under Section 302 of the
Indian Penal Code, 1860 (IPC) for murder of his daughter-
in-law. The sentence was confirmed by the High Court and
hence, this appeal has been filed.
Admittedly, the appellant has died after being in
jail for about 12 years. As per Section 394 of the Code
of Criminal Procedure, 1973 (Cr.P.C.) on the death of the
appellant/convict the appeal is to abate. The proviso
thereof carries an exception to the effect that a near
relative may, within thirty days of the death of the
appellant/convict, apply to the Appellate Court for leave
proviso defines ‘near relative’ to mean a parent, spouse,
lineal descendant, brother or sister. In the present
case, there is no application for leave to continue the
appeal after the death of the appellant/convict.
Mr. Shikhil Suri, learned counsel appearing as an
Amicus Curiae appointed by this Court on behalf of the
deceased appellant/convict has submitted that this is a
very good case where there is every chance of the
appellant being acquitted and considering the intention
of the legislature in providing an appeal not abating
even after the death of the appellant/convict, his oral
prayer as an Amicus Curiae be considered as an
application for continuance of this appeal and appeal be
not abated.
The appeal is governed by the substantive provision
of law. Section 394 of the Cr.P.C. reads as under:
“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 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.”
The counsel, as an Amicus, cannot be treated as a
near relative of the deceased appellant/convict. The
application for continuance of the appeal having not been
made within 30 days or even thereafter by any near
relative, in our opinion, as per the provision of Section
394 of the Cr.P.C., this appeal would abate. Accordingly,
the appeal stands disposed of as having abated.
ITEM NO.1 Court 9 (Video Conferencing) SECTION II
Criminal Appeal No(s). 233/2016
YERUVA SAYIREDDY Appellant(s)
THE STATE OF ANDHRA PRADESH & ANR. Respondent(s) ([OFFICE REPORT FOR DIRECTION.] )
Date : 07-03-2022 This appeal was called on for hearing today.
For Appellant(s) Mr. Shikhil Suri, Adv.
Ms. Madhu Suri, Adv.
Ms. Jyoti Suri, Adv.
Ms.Nikita Thapar, Adv.
Ms. Vinishma Kaul, Adv.
Ms. Komal Gupta, Adv.
Ms. Mahima Aggarwal, Adv.
Ms. Nidhi, AOR
For Respondent(s) Mr. Mahfooz A. Nazki, AOR
Mr. Polanki Gowtham, Adv.
Mr. Shaik Mohamad Haneef, Adv.
Mr. T. Vijaya Bhaskar Reddy, Adv.
Mr. K.V. Girish Chowdary, Adv.
Ms. Rajeswari Mukherjee, Adv.
Mr. D. Mahesh Babu, AOR
UPON hearing the counsel the Court made the following
The appeal stands disposed of as having abated in terms of the
reportable signed order.
Pending application(s), if any, stands disposed of
accordingly.
(ARJUN BISHT) (RAM SUBHAG SINGH) (ASHWANI THAKUR) (COURT MASTER (SH) (BRANCH OFFICER) AR-CUM-PS
(Signed reportable order is placed on the file)