Supreme Court of India · 2006-07-13
STATE OF A.P. vs S. NARASIMHA KUMAR .
- Citation / case number
- SC 2003/14961
- Court
- Supreme Court of India
- Petitioner
- STATE OF A.P.
- Respondent
- S. NARASIMHA KUMAR .
- Author
- ARIJIT PASAYAT
- Bench
- S.H. KAPADIA ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court addressed the issue of whether an appeal 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 by special leave under Article 136 of the Constitution, thus allowing the appeal to continue despite the death of the accused. The judgment clarified that the principles established in Bondada Gajapathi Rao v. State of Andhra Pradesh regarding the abatement of appeals remain applicable under the current Code.