Yeruva Sayireddy vs The State of Andhra Pradesh & Anr.

Court

Supreme Court of India

Date

7 March 2022

Case No.

Criminal Appeal No. 233 of 2016

Result

Disposed

Bench

Vineet Saran, Aniruddha Bose

Citation

[2022] 1 S.C.R. 882 : 2022 INSC 1297

Headnote

Code of Criminal Procedure, 1973: s. 394 – Abatement of appeals – Appeal against conviction and sentence of death or of imprisonment – Death of appellant/convict during the pendency of the appeal – Amicus curiae, if a near relative of deceased to apply for continuance of appeal – Held: Counsel appearing as an Amicus Curiae, cannot be treated as a near relative of the deceased appellant/convict – On facts, application for continuance of the appeal having not been made within 30 days or even thereafter by any near relative, as per the provision of s. 394, the instant appeal would abate.

The following Order of the Court was passed : ORDER 1. 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. 2. 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,

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