Law: Criminal Procedure Code (V of 1898)

Section: 431

Criminal Procedure Code (V of 1898) S.431-Abatement of appeal-Appeal against sentence of fine-Does not abate due to death of accused-Accused sentenced to Imprisonment as well as fine-Sentence of imprisonment only and not that of fine abates on his death pending hearing of appeal-Appellate Court may go into propriety and legality of sentence of fine even after death of accused-appellant. Ordinarily a criminal appeal abates on the death of the appellant. But section 431, Cr. P. C. seems to have made an exception to this general rule. A careful perusal of the section will show that an appeal against a sentence of fine shall not abate by reason of the death of the accused-appellant, because it is not a matter which affects his person, but one which affects his estate. Where an accused has appealed against the sentence of imprisonment and fine and before the appeal comes up forhear ing he dies, that part of the appeal which relates to the sentence of imprisonment shall abate on the death of the appellant but the other part which relates to the sentence of fine shall not abate on the death of the appellant. If the appeal against a sentence of fine does not abate then the appellate Court may look into the propriety and legality of the sentence of fine imposed upon the accused and set aside the said fine or remit it in fit cases, in consideration of the hardship and surrounding facts and circumstances of the case. In the instant case, the amount involved ire the. crime under section 409, P. P. C. was only Rs. 80 and the accused had been sentenced to rigorous imprisonment for one year and also its a fired of Rs. 200. The accused died during pendency of appeal the sentence of fine, in view of the small amount involved and the peculiar circumstances of the case was remitted holding that the substantive sentence of one year alone would meet the ends of justice. A I R 1957 All. 20=58 Cr. L J 16 and A I R 1962 Mys.257 rel. Daulet Ram v. Emperor 20 Cr. L J 214 and Syed Ahmad Shah and another v. The State and another P L D 1967 S C 42 ref. Date of hearing ; 15th October 1969.   JUDGMENT Appellant Anwar Hossain Khan, Chairman of Kalikapur Union Council, Madaripur has been…