Jugal Kishore Khetawat vs State Of West Bengal

The Supreme Court examined the applicability of Section 394 of the Code of Criminal Procedure, 1973, which states that appeals abate upon the death of the appellant, except in cases of conviction and sentence of death or imprisonment where near relatives may seek leave to continue the appeal. The Court held that the husband of the deceased appellant is entitled to continue the appeal to clear the stigma attached to her name, and the Registrar's order granting leave was valid. Thus, the appeal shall not abate as per the provisions of the law.