Law:

Section:

(a) Criminal Procedure Code (V of 1898)---.--- ---.----S. 431---.---Penal Code (XLV of 1860), Ss.409/420/467/468---.---Prevention of Corruption Act (II of 1947), S.5(2)---.---Criminal breach of trust by public servant, cheating, forgery, corruption---.---Death of accused, a government employee---.---Abatement of appeal---.---Scope---.---Ordinarily, a criminal appeal would abate on the death of appellant/accused, but S.431, Cr.P.C. had provided an exception to that general rule---.---Under S.431, Cr.P.C. an appeal against sentence of fine would not abate by reason of death of accused, because it was not a matter, which would affect his person, but would affect his estate---.---Upon death of accused, his appeal to the extent of a portion of sentence of an imprisonment, would abate, whereas the appeal to the extent of sentence of fine, affecting the property of accused, would not abate---.---Sentence awarded to a government officer or employee would certainly affect his service; in such an eventuality, his conviction would also affect his pensionary benefits---.---On that score as well, appeal would not abate---.---In the present case, the amount of fine had been ordered to be recovered from the properties of accused---.---Accused being a government employee, his conviction and sentence, would certainly have an impact not only upon his estate, but also upon his pensionary benefits---.---Appeal to the extent, in circumstances would not abate on death of accused. Anwar Hussain Khan v. The State 1970 PCr.LJ 279; AIR 1957 All. 20=58 Cr.LJ 16 and AIR 1962 Mys. 275 ref. (b) Criminal Procedure Code (V of 1898)---.--- ---.----S.494---.---Penal Code (XLV of 1860), Ss. 409/420/467/468--Prevention of Corruption Act (II of 1947), S.S(2)---.---Criminal breach of trust by public servant, cheating, forgery, corruption---.---Withdrawal from prosecution---.---Scope---.---Allegations levelled against accused for misappropriation had not been supported by any witness---.---To the contrary, the reports exhibited by the prosecution favoured accused, which had shown that whatever amount was allocated to him, was properly spent---.---Evidence available on record, was not sufficient to…

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