Allahabad HC abates appeal for deceased appellant, continues for surviving co-accused convicted under IPC S. 307/34

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Published 29 October 2026

Bottom Line Up Front (BLUF)

In Chandra Pal Singh And Another vs State Of U.P., the Allahabad High Court on 2026-10-24 abated the appeal for deceased appellant Chandra Pal Singh. The appeal continued for Dhara Singh, who was convicted under Section 307 read with Section 34 of the Indian Penal Code, 1860, and sentenced to five years' rigorous imprisonment.

Ratio Decidendi · Legal Principle Established

An appeal abates for a deceased appellant, but continues for surviving co-appellants who were jointly convicted.

Practice & Procedural Impact for Advocates

Advocates must promptly inform the court of a party's demise to ensure proper abatement or substitution. Litigants should be aware that an appeal may continue for co-accused even if one appellant dies.

Key Legal Takeaways

1An appeal against a deceased appellant abates.
2The appeal continues for surviving co-appellants.
3The original conviction was under IPC Section 307/34.

The Legal Issue This appeal was filed by Chandra Pal Singh and Dhara Singh against a judgment and order dated 23.12.1985, passed by the VI Additional Sessions Judge, Etah, in Sessions Trial No. 337 of 1985. Both appellants were convicted under Section 307 read with Section 34 of the Indian Penal Code, 1860, and sentenced to five years' rigorous imprisonment each. The core issue before the Allahabad High Court was the status of the appeal given the death of one of the appellants during its pendency.

Court's Reasoning The Allahabad High Court noted that during the pendency of the appeal, appellant Chandra Pal Singh had died. Consequently, the court held that the appeal against Chandra Pal Singh stood abated. The court further clarified that only appellant Dhara Singh remained alive and his appeal would continue. Dhara Singh was noted to be in judicial custody, having been taken into custody on 20.8.2026 in compliance with a non-bailable warrant.

What Follows The appeal against Chandra Pal Singh is abated. The appeal will proceed solely for appellant Dhara Singh, who remains in judicial custody. The court will continue to hear arguments from Sri Shailendra Singh Rathore, learned counsel for the appellants, and Sri Purshottam Maurya, learned A.G.A. for the State, concerning Dhara Singh's conviction under Section 307 read with Section 34 of the Indian Penal Code, 1860.