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15. Incidentally, a very seminal question arises as to whether a Court can rely upon evidence against a dead person, especially, when he has not had the opportunity to defend himself. In other words, Can a final report be filed at all against a dead person and does not the accusation against a dead person abate? Unlike Civil law where no plaint can be filed against a dead person nor a decree be passed against a dead person, the Code of Criminal Procedure nowhere postulates abatement of accusation against a dead person for the crime committed by him vis-a-vis the victim. The crime cannot abate on the death of the criminal and that is why, time and again, it is stated that the Court under Section 190 Cr.P.C, takes cognizance of the offence and only thereafter, it proceeds to search for the offender. Section 256(2) Cr.P.C. empowers a Magistrate in a summons case to acquit the accused on the death of the complainant. Section 394 Cr.P.C. is the only section in the Code which provides for abatement of appeal on the death of the accused. This principle can be explained by two small illustrations: