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Yeruva Sayireddy vs The State of Andhra Pradesh

Criminal Appeal · 2022 INSC 1297Decided 7 Mar 2022
Criminal Appeal No. 233 of 2016
Vineet Saran · Aniruddha Bose

Background

The appellant had been convicted by the trial court under Section 302 of the Indian Penal Code for murdering his daughter-in-law, and the High Court had confirmed the conviction. He filed an appeal before the Supreme Court, but died after spending about 12 years in jail while the appeal was still pending. No near relative applied within the legally required time to continue the appeal on his behalf; instead, the amicus curiae (a lawyer appointed by the Court to assist, not representing the family) appointed for the deceased appellant urged the Court to treat his own oral request as sufficient to keep the appeal alive, arguing it was a strong case for acquittal.

Decision Breakdown

The Supreme Court held that Section 394 of the Code of Criminal Procedure governs what happens when an appellant dies during an appeal: such an appeal automatically abates (comes to an end) unless a "near relative" (defined as a parent, spouse, lineal descendant, brother, or sister) applies within thirty days of the death for leave to continue it. An amicus curiae, however diligent, does not qualify as a near relative and cannot substitute for one. Since no near relative applied within the time limit or even afterward, the Court held the appeal stood abated as a matter of law, regardless of the perceived merits of the case.

Lesson Learnt

If a person appealing a criminal conviction dies while the appeal is pending, the case does not automatically continue: a near relative (parent, spouse, child, sibling) must formally apply within 30 days of the death to keep the appeal alive; otherwise, it lapses permanently no matter how strong the appeal may have been.

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

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