Criminal appeal abatement on death: sentence of fine can preserve the challenge because it affects the deceased's estate.

Section 394 of the Code of Criminal Procedure, 1973 provides that criminal appeals abate on the death of the accused-respondent, subject to the statutory exception for appeals from a sentence of fine. A sentence of fine is treated as affecting the deceased's estate, so legal representatives may retain a sufficient interest to pursue the challenge. An appeal against conviction carrying both imprisonment and fine remains within the exception so far as the fine is concerned, because the liability survives against the estate. The appeal in relation to the deceased respondent's conviction was therefore treated as abated on death.

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Issues: Whether an appeal by special leave pending before the Supreme Court abates on the death of the accused-respondent, and whether the presence of a sentence of fine alters the rule of abatement.

Analysis: Section 394 of the Code of Criminal Procedure, 1973 embodies the rule that criminal appeals abate on death, subject to the statutory exception for appeals from a sentence of fine. The Court drew support from earlier authority construing the corresponding provision in the Code of Criminal Procedure, 1898, and reiterated that the principle underlying the exception is that a sentence of fine creates a liability on the estate of the deceased, so the legal representatives may have a sufficient interest to continue the challenge. The Court also reaffirmed that an appeal directed against a conviction carrying both imprisonment and fine remains within the exception so far as the fine is concerned, because the sentence of fine continues to affect the estate.

Conclusion: The appeal so far as it questioned the conviction of the deceased respondent stood abated on his death, and the matter was disposed of accordingly.

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