Allahabad High Court

DEVENDRA AND ANOTHERSversusSTATE

Decided: 20 September 2026
Bench: MANOJ BAJAJ HARVIR SINGH

Holding

The appeal abated and was disposed of due to the death of all appellants during its pendency.

Summary

The appellants were convicted under Section 396 of the Indian Penal Code for dacoity and sentenced to life imprisonment by the Additional Sessions Judge, Ballia. They filed a criminal appeal challenging the conviction and sentence. During the pendency of the appeal, appellants No.1, 2 and 4 (Devendra, Satya Narayan and Santoo) died, leading the court to note that the appeal abated with respect to them. Subsequently, appellant No.3 (Jag Lal) also died, as communicated by the Chief Judicial Magistrate, Mau. The High Court held that the death of an appellant during the pendency of a criminal appeal results in the abatement of the appeal, and consequently disposed of the appeal. No substantive merits of the conviction were examined.

Issues considered

Does the death of an appellant during the pendency of a criminal appeal cause the appeal to abate?

Legislation cited

Indian Penal Code — s. 396

Subjects

criminal appeal
abate
death of appellant
Section 396 IPC
life imprisonment

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                        CRIMINAL APPEAL No. - 1303 of 1988

                                    Devendra And Anothers
                                                                                              .....Appellant(s)
                                                                      Versus

                                    State
                                                                                             .....Respondent(s)

                                    Counsel for Appellant(s)          :   Anand Priya Singh, G.P. Dikshit
                                    Counsel for Respondent(s)         :   D.G.A.

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

                                    Aggrieved against the judgment of conviction dated 21.5.1988 and order
                                    of sentence dated 24.5.1988 passed by Additional Sessions Judge, Ballia
                                    in Sessions Trial No. 80 of 1986, arising out of F.I.R. (Exb.Ka-1),
                                    registered at Police Station Ubhawan, District Ballia, whereby appellants
                                    had been convicted under Section 396 I.P.C., and sentenced to life
                                    imprisonment, had preferred this criminal appeal.

                                    Since, the appellant nos.1, 2 and 4 namely, Devendra, Satya Narayan and
                                    Santoo died during the pendency of the appeal, therefore, qua them the
                                    appeal abated and was disposed of vide order dated 6.7.2018.

                                    As per communication dated 27.5.2025 by Chief Judicial Magistrate,
                                    Mau, appellant no.3 namely, Jag Lal also died, therefore, the appeal
                                    abates and is disposed of.



                                                                          (Harvir Singh,J.) (Manoj Bajaj,J.)
                                    September 21, 2026
                                    P.S.Parihar




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

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