Supreme Court of India
Yeruva Sayireddy v. The State of Andhra Pradesh & Anr.
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From the headnote
Code of Criminal Procedure, 1973: s. 394 – Abatemen t of appeals – Appeal against conviction and sentence of death or of imprisonment – Death of appellant/convict during the pendency of the appeal – Amicus curiae, if a near relative of deceased to apply for continuance of appeal – Held: Counsel appearing as an micus Curiae, cannot be treated as a near relative of the deceased appellant/convict – On facts, application for conti nuance of the appeal having not been made within 30 days or even thereafte r by any near relative, as per the provision of s. 394, the ins tant appeal would abate.
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