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Issues: (i) Whether an appeal against a composite sentence of imprisonment and fine abates on the death of the appellant under Section 394 of the Code of Criminal Procedure, 1973. (ii) Whether the legal heirs of the deceased appellant were entitled to be heard in the appeal against the sentence of fine and whether the matter required revival before the High Court.
Issue (i): Whether an appeal against a composite sentence of imprisonment and fine abates on the death of the appellant under Section 394 of the Code of Criminal Procedure, 1973.
Analysis: Section 394(2) provides that every appeal, except an appeal from a sentence of fine, abates on the death of the appellant. The statutory exception is not confined to cases where only a fine is imposed. The earlier and present criminal procedure codes contain the same legislative scheme, and the principle recognised under the earlier provision is that if a sentence of fine is imposed, either alone or along with imprisonment, the appeal remains an appeal from a sentence of fine. Since fine is recoverable from the property of the deceased, the legal representatives retain a sufficient interest in the proceeding.
Conclusion: The appeal did not abate on the death of the appellant and could be heard on the sentence of fine.
Issue (ii): Whether the legal heirs of the deceased appellant were entitled to be heard in the appeal against the sentence of fine and whether the matter required revival before the High Court.
Analysis: Although the appeal was competent despite the death of the appellant, the record showed that the legal heirs were not given an opportunity to make submissions against the fine, which could be recovered from the assets of the deceased in their hands. In order to secure a fair hearing on the surviving component of the sentence, the appeal required restoration before the High Court.
Conclusion: The matter was required to be revived before the High Court for hearing after giving the legal heirs an opportunity to be heard.
Final Conclusion: The conviction issue was not treated as abated, but the High Court's judgment was set aside and the appeal was restored for fresh consideration limited to the sentence of fine after hearing the legal heirs.
Ratio Decidendi: An appeal does not abate on the death of the appellant where a sentence of fine forms part of the punishment, and the legal representatives may continue the proceeding because the fine affects the deceased's property in their hands.
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