ILC-2011-SC-CRL-Feb-26
Jugal Kishore Khetawat Vs, State of West Bengal
Supreme Court Rules, 1966 - Order VI , The Code of Criminal Procedure, 1973 - Section 394 , Indian Penal Code,1860 - Section 120-B , Section 302
Power to grant leave to continue the appeal - CrPC, 1973 - Section 394 - abatement of appeals - IPC, 1860 - Sections 120B/302 - Conviction and sentence - Allegation - Conspiracy to commit murder of two neighbours - Although appellant died - Husband of appellant - Seeking leave of court -Continue the appeal - Registrar of this Court allowed - Appeal - Whether husband of appellant - Entitled to continue appeal - If so - Leave to continue could have been granted - Registrar of this Court - Supreme Court - Every appeal under Chapter XXIX of the Code except an appeal - Sentence of fine shall finally abate on the death of appellant - Near relative of appellant - Within thirty days of death of appellant - Apply to Appellate Court for leave to continue appeal - If granted - Appeal shall not abate - Power to grant leave to continue appeal is conferred on court - Not on Registrar under Order VI of the Supreme Court Rules, 1966 - Impugned order - Registrar set aside - Leave to continue appeal granted - Appeal allowed.
Tara Chandra Sharma, Ms. Neelam Sharma, Advocates
Topic(s)-Power to grant leave to continue the appeal
Important Decision(s)-