Imprisonment and fine. Accused appellant sentenced to imprisonment and fine dying during the pendency of appeal. Held, appeal did not abate, legal heirs could challenge conviction on merits (SC) 1971 SCMR 35 Dr. Ghulam Hussain.
DEATH OF ACCUSED
--Appeal filed by accused who had been sentenced to imprisonment and fine would not abate on his death---Sentence of imprisonment would only be abated and not that of fine on his death pending hearing of appeal---Appellate Court could go into propriety and legality of sentence of fine even after death of accused---Usually a criminal appeal would abate on the death of accused, but S.431, Cr.P.C., seemed to have made an exception to the general rule---Under S. 431, Cr.P.C., appeal against sentence of fine would not abate by reason of the death of accused, because it was not a matter which affected his person, but one which would affect his estate 2018 PCrLJ 1513
S. 431---Penal Code (XLV of 1860), Ss.409/420/467/468---Prevention of Corruption Act (IIof 1947), S.5(2)---Upon death of accused, his appeal to the extent of a portion of sentence of an imprisonment, would abate, whereas the appeal to the extent of sentence of fine, affecting the property of accused, would not abate---( 2011 PLD 40 QUETTA-HIGHCOURT-BALOCHISTAN) MUHAMMAD SALEEM vs State
-Any "action" might abate on the death of a party but cause of action might survive his death---"Death" in such context did not mean a civil death---Irrespective of the nature of proceeding s whether criminal or civil, it was the nature of cause of action which could determine its survival---Predecessor-in-interest of petitioners was seeking enforcement of his service/civil rights—(2006 SCMR 1287 SUPREME-COURT) Mst. ITRAT ZAHIDA and others Vs PRESIDENT, A.B.L.