The Chhattisgarh High Court has reaffirmed that, in the absence of any application for substitution of legal representatives, a criminal appeal abates upon the confirmed death of the sole appellant. This ruling upholds settled precedent and provides binding guidance to all subordinate courts within the state.
Summary
| Category | Data |
|---|---|
| Case Name | CRA/1289/2016 of Rambhajan Kanediya Vs State Of Chhattisgarh |
| CNR | CGHC010217262016 |
| Date of Registration | 18-10-2016 |
| Decision Date | 10-09-2025 |
| Disposal Nature | ABATED |
| Judgment Author | HON’BLE SMT. JUSTICE RAJANI DUBEY, HON’BLE SHRI JUSTICE AMITENDRA KISHORE PRASAD |
| Court | High Court Of Chhattisgarh |
| Bench | Division Bench: HON’BLE SMT. JUSTICE RAJANI DUBEY & HON’BLE SHRI JUSTICE AMITENDRA KISHORE PRASAD |
| Precedent Value | Binding Authority within Chhattisgarh jurisdiction |
| Overrules / Affirms | Affirms settled procedural law on abatement due to death of sole appellant |
| Type of Law | Criminal Procedure (Appellate Jurisdiction) |
| Questions of Law | Does a criminal appeal abate upon the death of the sole appellant in the absence of substitution of legal representatives? |
| Ratio Decidendi |
|
| Facts as Summarised by the Court |
The appellant was convicted under Sections 302 and 201 IPC and filed a criminal appeal. During its pendency, the appellant died. A death certificate was produced and verified by the State, with no application being filed for substitution of legal representatives. The court, therefore, declared the appeal as abated. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate and trial courts within the jurisdiction of Chhattisgarh High Court |
| Persuasive For | Other state High Courts and the Supreme Court when considering procedural abatement questions |
| Follows | Affirms the established procedural principle on abatement of criminal appeals on death of sole appellant |
What’s New / What Lawyers Should Note
- The decision reiterates the procedure for abatement of criminal appeals when the sole appellant dies and no legal representatives are brought on record.
- Production of a valid death certificate and confirmation by the State is sufficient for the court to order abatement.
- Unless legal representatives move an application for substitution, no further proceedings can continue after the appellant’s demise.
Summary of Legal Reasoning
- The court noted that the appellant was the sole person convicted and had appealed against the judgment.
- During pendency of the appeal, the death of the appellant was established via a certified death certificate, corroborated by the State counsel.
- The court emphasized the absence of any application seeking substitution of legal representatives on record.
- Based on these facts, the court followed the well-established principle that the appeal abates upon the death of the sole appellant if no legal representative is brought on record.
- The court accordingly dismissed the appeal as abated, directing that the death certificate be taken on record.
Arguments by the Parties
Appellant:
- Informed the court of the appellant’s death, submitting a death certificate issued by the competent authority.
Respondent (State):
- Acknowledged and confirmed the appellant’s death based on the certificate produced by the appellant’s counsel.
Factual Background
The appellant was convicted under Sections 302 and 201 IPC and sentenced to life imprisonment and five years’ rigorous imprisonment, respectively. After filing the appeal, the appellant died during its pendency. The appellant’s counsel furnished a certified death certificate, which was confirmed by the State. As no application for substitution of legal representatives was made, the court considered the question of abatement.
Statutory Analysis
The judgment applies the settled principle in criminal procedure that a pending appeal abates on the death of the sole appellant, unless legal representatives seek substitution. The court referred to the process for production and verification of the death certificate and the absence of legal heirs on record as determinative.
Dissenting / Concurring Opinion Summary
No dissenting or separate concurring opinion is recorded in the judgment.
Procedural Innovations
No new procedural directions or innovations are promulgated in the judgment; the decision strictly adheres to established procedure for abatement of criminal appeals.
Alert Indicators
- ✔ Precedent Followed – When existing law is affirmed.