Convict's Death Does Not Discharge His Liability To Pay Fine Imposed By Court, Can Be Recovered From His Estate: Karnataka High Court

A single judge bench of Justice Shivashankar Amarannavar made the observation while dismissing an appeal filed by one Thotlegowda challenging the order by which he was convicted for the offence punishable under Section 135 and 138 of Indian Electricity Act, 2003 and directed to pay a fine amount of Rs 29,204.

During the pendency of the appeal the accused expired, following which the counsel filed a memo reporting the same.

The court referring to Section 394 of Criminal Procedure Code, which deals with abatement of appeals, said, “An appeal from a sentence of fine will not abate on the death of the appellant.” It added, “In the present case appellant has been sentenced to pay fine only and therefore on the death of the appellant the appeal will not abate.”

Then the court recorded the submission of the counsel for the accused that the legal heirs of the appellant are not interested in making any such application for continuation of appeal.

Thus the bench held “In view of the death of the appellant, the appeal is dismissed. The trial Court is directed to initiate proceedings to recover the fine amount imposed on the accused from his estate which is inherited by the legal heirs of the appellant on his death.”

Case Title: Thotlegowda v. State of Karnataka

Case No: CRIMINAL APPEAL NO. 165 OF 2012

Citation: 2023 LiveLaw (Kar) 36

Date of order: 13TH DAY OF JANUARY, 2023

Appearance: Advocate Girish B Baladare for petitioner.

HCGP S Vishwamurthy for respondent.