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Allahabad High Court

SMT. BIMLAversusSTATE OF U.P.

Decided

Holding

The appeal abates upon the death of the appellant and is therefore disposed of.

Summary

The appellant, Smt. Bimla, was convicted by the Additional Sessions Judge, Bijnor, in Sessions Trial No. 209 of 1983 for murder under Sections 302 and 34 of the Indian Penal Code and sentenced to life imprisonment. She filed a criminal appeal (No. 1278 of 1989) before the Allahabad High Court challenging the conviction and sentence. While the appeal was pending, a communication dated 28 July 2026 from the Chief Judicial Magistrate, Bijnor, informed the court that the appellant had died on 5 September 2024. The court examined the legal position that a criminal appeal cannot survive the death of the appellant and therefore abates. Consequently, the High Court held that the appeal stood abated and ordered its disposal. The judgment was pronounced on 21 September 2026.

Issues considered

  • Whether a criminal appeal continues after the death of the appellant

Legislation cited

Subjects

  • Criminal Appeal
  • Abatement
  • Death of Appellant
  • Section 302 IPC
  • Section 34 IPC
  • Life Imprisonment

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                        CRIMINAL APPEAL No. - 1278 of 1989

                                    Smt. Bimla
                                                                                               .....Appellant(s)
                                                                       Versus

                                    State of U.P.
                                                                                             .....Respondent(s)

                                    Counsel for Appellant(s)                             :   Veer Singh
                                    Counsel for Respondent(s)                            :   A.G.A.

                                    Court No. - 44
                                                          HON'BLE MANOJ BAJAJ, J.
                                                          HON'BLE HARVIR SINGH, J.

                                    Aggrieved against the judgment of conviction and order of sentence dated
                                    27.5.1989 passed by Additional Sessions Judge, Bijnor in Sessions Trial
                                    No. 209 of 1983, arising out of Case Crime No. 273 of 1987, registered at
                                    Police Station Haldaur, District Bijnor, whereby appellant had been
                                    convicted under Section 302/34 I.P.C., and sentenced to life
                                    imprisonment under Section 302/34 I.P.C., had preferred this criminal
                                    appeal.

                                    As per the communication dated 28.7.2026 by Chief Judicial Magistrate,
                                    Bijnor, sole appellant died on 5.9.2024.

                                    As a result, the appeal abates and is disposed of.

                                    September 21, 2026
                                    P.S.Parihar

                                                                          (Harvir Singh,J.) (Manoj Bajaj,J.)




Digitally signed by :-
POORAN SINGH PARIHAR
High Court of Judicature at Allahabad


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