State Of A.P vs S. Narasimha Kumar & Ors on 13 July, 2006
5. The counsel for the appellants submitted that
the 1st appellant is no more, in view of the dictum laid
down in the decision reported in State of Andra
Pradesh v Narasimha Kumar [2006 (3) KLT 505],
where the apex court has held that, if fine forms part of
the sentence, death of the accused will not end in
abatement of the appeal, in view of the proviso to Section
394 of the Code the appeal will abate on the death of the
appellant as against him, so it was decided to hear the
matter on merit as against him also.