Supreme Court of India · 2006-07-13
State Of A.P vs S. Narasimha Kumar & Ors
- Citation / case number
- AIR 2006 SUPREME COURT 2924
- Court
- Supreme Court of India
- Petitioner
- State Of A.P
- Respondent
- S. Narasimha Kumar & Ors
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, S.H. Kapadia
Judgment text excerpt
The Supreme Court addressed the issue of whether an appeal by special leave abates upon the death of the accused under Section 394 of the Code of Criminal Procedure, 1973. The Court held that Section 394 does not apply to appeals filed under Article 136 of the Constitution, allowing for the continuation of such appeals by legal representatives of the deceased. The judgment clarified that the principles from Bondada Gajapathi Rao v. State of Andhra Pradesh remain applicable, emphasizing the distinction between appeals against sentences of imprisonment and those against fines.