LEGAL ISSUE: Abatement of a criminal appeal due to the death of the sole appellant.
CASE TYPE: Criminal Appeal
Case Name: Uma Shanker Sharma vs. The Registrar General, High Court of Judicature at Allahabad
Judgment Date: 20 October 2021
Date of the Judgment: 20 October 2021
Citation: (Not Available)
Judges: Justice B.V. Nagarathna
What happens to a criminal appeal when the appellant passes away? The Supreme Court of India recently addressed this question, clarifying the legal procedure in such cases. This judgment focuses on the abatement of a criminal appeal following the death of the sole appellant.
The Supreme Court, in this case, was tasked with determining the fate of a criminal appeal after the appellant, Uma Shanker Sharma, passed away. The single-judge bench of Justice B.V. Nagarathna delivered the order.
Case Background
The appellant, Uma Shanker Sharma, had filed a criminal appeal before the Supreme Court of India. During the pendency of this appeal, the appellant passed away on 27th July 2021. The appellant’s counsel, Ms. Manisha Ambwani, brought this fact to the Court’s attention, submitting that the appeal had abated due to the appellant’s death. A copy of the death certificate was also filed as evidence.
Timeline
| Date | Event |
|---|---|
| 27th July 2021 | Appellant, Uma Shanker Sharma, passed away. |
| 20th October 2021 | Supreme Court abates the criminal appeal. |
Course of Proceedings
The course of proceedings is not mentioned in the source document.
Legal Framework
The judgment primarily deals with the procedural aspect of abatement of a criminal appeal due to the death of the appellant. There is no specific legal provision cited in the judgment other than the general principle that a criminal appeal abates upon the death of the sole appellant.
Arguments
The appellant’s counsel, Ms. Manisha Ambwani, submitted that:
- ✓ The appellant, Uma Shanker Sharma, died on 27th July 2021.
- ✓ Consequently, the criminal appeal has abated.
- ✓ A copy of the death certificate was filed as evidence of the appellant’s demise.
There were no counter arguments from the respondent.
| Main Submission | Sub-Submissions |
|---|---|
| Appellant’s Submission: The appeal has abated due to the death of the appellant. |
|
Issues Framed by the Supreme Court
The Supreme Court did not explicitly frame any issues. However, the implicit issue before the Court was:
- Whether the criminal appeal should be abated due to the death of the sole appellant.
Treatment of the Issue by the Court
The following table demonstrates as to how the Court decided the issues
| Issue | Court’s Decision |
|---|---|
| Whether the criminal appeal should be abated due to the death of the sole appellant. | The Court accepted the submission of the appellant’s counsel and abated the appeal due to the death of the sole appellant. |
Authorities
No authorities were cited by the court
Judgment
| Submission | Court’s Treatment |
|---|---|
| The appellant died on 27th July 2021. | The Court acknowledged the death of the appellant based on the death certificate submitted. |
| The appeal has abated due to the appellant’s death. | The Court accepted the submission and abated the appeal. |
| Authority | Court’s View |
|---|---|
| None. | No authorities were cited. |
What weighed in the mind of the Court?
The Supreme Court’s decision to abate the criminal appeal was primarily based on the undisputed fact of the appellant’s death. The Court accepted the submission of the appellant’s counsel and the evidence of the death certificate. The Court did not delve into the merits of the case or any other legal consideration. The decision was a straightforward application of the principle that a criminal appeal abates upon the death of the sole appellant.
| Sentiment | Percentage |
|---|---|
| Acceptance of Appellant’s Death | 100% |
| Ratio | Percentage |
|---|---|
| Fact | 100% |
| Law | 0% |
Key Takeaways
- ✓ A criminal appeal abates upon the death of the sole appellant.
- ✓ The Supreme Court will accept a death certificate as valid evidence of the appellant’s demise.
- ✓ In such cases, the Court will not delve into the merits of the case but will simply abate the appeal.
Directions
No directions were given by the Supreme Court.
Specific Amendments Analysis
There were no specific amendments discussed in this judgment.
Development of Law
The ratio decidendi of this case is that a criminal appeal abates upon the death of the sole appellant. There is no change in the previous position of law.
Conclusion
The Supreme Court abated the criminal appeal in Uma Shanker Sharma vs. The Registrar General, High Court of Judicature at Allahabad, following the death of the sole appellant, Uma Shanker Sharma. The decision was based on the established principle that a criminal appeal cannot proceed when the appellant is deceased. The Court accepted the submission of the appellant’s counsel and the death certificate as evidence, leading to the abatement of the appeal.