Supreme Court of India · 1964-03-16
BONDADA GAJAPATHY RAO vs STATE OF ADHRA PRADESH
- Citation / case number
- SC 1961/171
- Court
- Supreme Court of India
- Petitioner
- BONDADA GAJAPATHY RAO
- Respondent
- STATE OF ADHRA PRADESH
- Bench
- SARKAR, A.K.
Judgment text excerpt
The Supreme Court held that under Section 431 of the Code of Criminal Procedure, 1898, an appeal against a sentence of imprisonment abates upon the death of the appellant, as it primarily concerns the punishment of the offender. The Court distinguished the case from Pranab Kumar Mitra v. The State of West Bengal, emphasizing that the legal representatives cannot continue the appeal since the sentence of imprisonment has become infructuous. The Court clarified that while the legal representatives may have an interest in the outcome due to potential property implications, they cannot pursue the appeal for personal punishment matters post-death of the accused.