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Ramesan (Dead) Through LR. Girija A v. The State of Kerala

Criminal Appeal · 2020 INSC 66Decided 21 Jan 2020
Criminal Appeal No. 77 of 2020
Justice Ashok Bhushan · Justice M.R. Shah

Background

Ramesan was convicted under the Kerala Abkari Act and sentenced to imprisonment and a fine. He filed an appeal in the High Court, but died while the appeal was pending. The High Court, noting the death, nonetheless proceeded to decide the appeal on merits insofar as it related to the sentence of fine, and dismissed it, upholding the fine. His legal heir, Girija A, challenged this before the Supreme Court, arguing that the entire appeal, including the fine, should have abated on his death.

Decision Breakdown

The Supreme Court held that under Section 394 of the Code of Criminal Procedure, an appeal against a sentence of fine (even where imposed together with imprisonment) does not abate on the death of the accused, because the fine can still be recovered from the deceased's estate. Relying on its earlier precedents, the Court upheld the High Court's view that it was correct to decide the appeal on the fine portion despite the appellant's death. However, the Court found that the High Court had not given the legal heirs any opportunity to be heard or to make submissions against the fine before deciding the appeal. The Supreme Court therefore partly allowed the appeal, set aside the High Court's judgment, and sent the matter back to the High Court to be heard afresh after giving the legal heirs a chance to argue against the sentence of fine.

Lesson Learnt

When an accused person dies while a criminal appeal is pending, the part of the appeal relating to a fine does not automatically lapse, it continues because the fine affects property the heirs may inherit, but courts must give those heirs a fair opportunity to be heard before deciding that part of the case.

Official source (sci.gov.in)View Judgment (PDF)

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