Supreme Court of India · 1974-11-21
HARNAM SINGH vs THE STATE OF HIMACHAL PRADESH
- Citation / case number
- SC 1971/60197
- Court
- Supreme Court of India
- Petitioner
- HARNAM SINGH
- Respondent
- THE STATE OF HIMACHAL PRADESH
- Bench
- CHANDRACHUD, Y.V.
Judgment text excerpt
The Supreme Court held that under Section 431 of the Code of Criminal Procedure, 1898, an appeal abates upon the death of the accused, except for appeals from sentences of fine. The Court clarified that an appeal from a composite sentence, which includes both imprisonment and fine, does not cease to be an appeal from a sentence of fine. Therefore, the appeal regarding the fine does not abate upon the death of the appellant, allowing the widow to continue the appeal as a legal representative under Article 136 of the Constitution.