What is Procedure where Judges of Court of Appeal are equally divided? What is Finality of judgment and orders on appeal? What is Abatement of appeals? Section 392, 393 and 394 of Code of Criminal Procedure 1973

Procedure where Judges of Court of Appeal are equally divided, Finality of judgment and orders on appeal and Abatement of appeals are defined under Section 392, 393 and 394 of CRPC 1973. Provisions under these sections are:

Section 392 of CRPC "Procedure where Judges of Court of Appeal are equally divided"

When an appeal under this chapter is heard by a High Court before a Bench of Judges and they are divided in opinion, the appeal, with their opinions, shall be laid before another Judge of that Court, and that Judge, after such hearing as he thinks fit, shall deliver his opinion, and the judgment or order shall follow that opinion

 

 

 

 

 

Provided that if one of the Judges constituting the Bench, or, where the appeal is laid before another Judge under this section, that Judge, so requires, the appeal shall be re-heard and decided by a larger Bench of Judges.

 

Section 393 of CRPC "Finality of judgment and orders on appeal"

Judgment and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in Section 377, Section 378, sub-section (4) of Section 384 or Chapter XXX:

Provided that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits..--

(a) an appeal against acquittal under Section 378, arising out of the same case, or

(b) an appeal for the enhancement of sentence under Section 377, arising out of the same case.

 

Section 394 of CRPC "Abatement of appeals"

(1) Every appeal under Section 377 or Section 378 shall finally abate on the death of the accused.

(2) Every other appeal under this chapter appeal from a sentence of fine shall finally abate on the death of the appellant:

Provided that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall not abate.

Explanation.- In this Section "near relative" means a parent, spouse, lineal descendant, brother or sister.

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