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Thursday, July 11, 2013

Abatement - Revision - Death of accused person - Revisional jurisdiction can be exercised even after the death of the convict contrary to the express stipulation which provides abatement of appeals on death of convict

The fact that the extent of the power of a court in revi­sion does not extend — except as regards the power of the courts by Sec­tion 439 to enhance­ment of the sen­tence to more than what the appel­late court’s power, does not affect the posi­tion that while the con­di­tion for the exer­cise of the pow­ers of courts of appeal is that an appeal must be pre­ferred by the con­victed per­son, that con­di­tion is con­spic­u­ous by its absence where the con­di­tions of the exer­cise of the pow­ers of revi­sion are laid down in Sec­tion 438.



Abatement - Revision - Death of accused person - Revisional jurisdiction can be exercised even after the death of the convict contrary to the express stipulation which provides abatement of appeals on death of convict

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