1 2026:CGHC:15328 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 240 of 2019 Lal Babu Khan S/o Ibrahim Khan Aged About 50 Years R/o Near Sundary Talab ,banjari Nagar ,ravanbhata ,police Station Khamtarai, Raipur District Raipur Chhattisgarh ... Appellant versus State Of Chhattisgarh Through The Police Station Khamtarai Raipur District Raipur Chhattisgarh ---- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Appellant : None For State-Respondent : Mr. Rishi Raj Pithawa, Dy. GA ___________________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma Order on Board 02/04/2026 1. At the outset, learned State Counsel submits that the death certificate of the accused/appellant before this Court, indicating that he has died on 21.01.2022. The death certificate has been taken on record. 2 2. Section 394(2) CrPC provides that every other appeal under this chapter (except an 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. 3. In the instant case, there is no application filed by the legal representatives of the deceased appellant before this Court under Section 394 (2) of the CrPC. Therefore, after expiry of the said prescribed period, the instant appeal is finally abated on behalf of the appellant. 4. Accordingly, the present criminal appeal stands dismissed as having abated. Sd/- (Arvind Kumar Verma) Judge Vasant