LAHORE: The Lahore High Court (LHC) held that appeal against the sentence of death or imprisonment is abated on the death of an accused; however, it stays and is to be decided on merit to the extent of the sentence of fine.

The court sent the case property and record of the trial court of convict Khuda Bakhsh back to be disposed of in accordance with the law who had died in DHQ Hospital, Dera Ghazi Khan during the pendency of his appeal.

The court said the appeal in hand stands abated as per section 431 of Code Criminal Procedure, 1898, and held that any benefit which otherwise is admissible under the law would be available to him even after his death. If the defendant is not alive to be punished, and his conviction has not been deemed final through review, there is no point in retaining the conviction the court added.

The court; therefore, held that as the appellant has died, the murder reference is answered in negative and the death sentence is not confirmed.

Commenting on another aspect of the case, the court said the interest of legal heirs for service benefits is not a direct interest in the sense that it cannot arise out of the decision of this court even if it is in favour of the appellant.

If no final adverse action at the departmental level has been taken so far against the deceased, abatement of criminal appeal cannot provide a ground to initiate it now because death even stops the pending department inquiry, the court added.

The Section 8 of PEEDA Act, 2006 authorizes imposition of penalty for different situations based on the conviction of a civil servant in a criminal case, the penalty referred therein for initiation of proceedings requires notice and reply of accused which situation cannot be met if the civil servant is dead, the court held

The court; therefore, held that any pending inquiry cannot culminate in the dismissal or removal of a civil servant after his death.

The appellant faced trial before Additional Sessions Judge, Taunsa Sharif, in the case registered at the police station, Taunsa Sharif, and he was convicted under section 302(b) PPC and sentenced to death and also to pay Rs.500,000/- to the legal heirs of deceased as compensation.

Copyright Business Recorder, 2022