Karnataka HC: Death of accused results in abatement of appeal

Karnataka High Court: A Single Judge bench of B.A.Patil, J., decided a criminal appeal filed under Section 374(2) of the Code of Criminal Procedure wherein it was held that due to the death of the accused-appellant the appeal would abate against him.

In the present case the appellant accused had died during the trial of the case and consequently the Court had directed the respondent to verify the same with the police. Thereby, during the hearing the Police Station in charge appeared before the Court and had produced the death certificate of the appellant-accused. A copy of the same certificate was also produced by the respondent before the Court. The High Court after a perusal of the abovementioned certificate held that the appeal would abate against the appellant accused due to his death. [Awastha v. State of Karnataka, 2018 SCC OnLine Kar 680, decided on 06-07-2018]

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