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november 1974

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.

HARNAM SINGH vs THE STATE OF HIMACHAL PRADESH · Niyam