Death of accused

2026 PLD 211 SUPREME-COURT Judicial Precedent

Ss.5, 8 & 8-ACriminal Procedure Code (V of 1898), S. 431AppealDeath of accusedCivil consequencesAbatement of proceedingsPrinciple

Accused was convicted and sentenced under Section 8 of Illegal Dispossession Act, 2005 along with direction to restore possession of property

During pendency of appeal, accused died and the appeal abated

Held: Provision of Section 431, Cr.P.C. does not contemplate nor does it regulate a situation where convict, besides suffering conviction has also been subjected to a civil-consequence order regarding restoration of possession of property

Special law overrides the general, and provisions of Illegal Dispossession Act, 2005 must be given full effect in preference to the general provisions of Criminal Procedure Code, 1898 wherever the two intersect

Appeal survives to the extent of civil-consequence direction for restoration of possession, notwithstanding demise of accused

Supreme Court remanded the matter to High Court to determine issue pertaining to restoration of possession of property in question after giving fair and adequate opportunity of hearing to legal heirs of deceased accused

Appeal was allowed.

2024 MLD 161 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 9(a), 10 & 32Criminal Procedure Code (V of 1898), S. 431Corruption and corrupt practicesAppreciation of evidenceDeath of accusedAppeal, status ofAccused was convicted by Trial Court and sentenced to imprisonment and fineAccused died during pendency of appeal and his widow appeared to contest sentence of fine imposed on deceased accusedValidity

On death of accused during pendency of appeal against conviction, appeal finally abated, except an appeal from sentence of fine

Legal heir/widow of deceased accused challenged conviction against deceased accused to the extent of sentence of fine

Bank statements were not sent to handwriting expert

Deceased accused was posted as typist in the Bank and there was no office order to show that deceased was working as ledger keeper in the Bank

Bank statement with effect from 01-02-1999 till year 2003, were fake and contained signatures of deceased accused

Deceased accused was transferred from concerned branch of bank to another branch on 4.9.2001 and it was not possible for deceased accused to prepare Bank statements for the period for which he was not posted in branch in question

Prosecution failed to prove its case against deceased accused at trial

Such was case of acquittal against deceased accused but as accused had already expired proceedings against him stood abated

High Court set aside sentence of fine imposed by Trial Court

Appeal was allowed accordingly.

2023 MLD 1983 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 302(b)Criminal Procedure Code (V of 1898), S. 431Qatl-i-amdAbatement of appealDeath of accusedPrincipleAccused was sentenced to death but during pendency of appeal he had diedEffect

Appeal against sentence of death or imprisonment was to abate on the death of accused, however, it could stay and was decided on merit to the extent of sentence of fine

High Court returned record and case property to Trial Court as appeal stood abated as per S. 431, Cr.P.C.

Appeal abated, in circumstances.

2022 PCrLJ 213 PESHAWAR-HIGH-COURT Judicial Precedent

Ss. 9(a)(iv) & 32Assets beyond known sources of incomeAppreciation of evidenceBenami holding of propertiesProofDeath of accusedLegal heirs, impleading ofAccused was alleged to have assets beyond his known sources of income purchased in the names of his wife and sonAccused was convicted and sentenced by Trial Court and the properties were also forfeitedDuring pendency of appeal accused died and High Court arrayed his legal heirs as appellants in appeal

Widow and son of deceased accused claimed to be owners of the properties forfeited by Trial Court, as the same were purchased by their own independent sources of income

Validity

Details of properties purchased and sold by deceased accused revealed that spouses had purchased land and plots on meager amount and sold out the same on handsome price which had boasted their income quickly

Findings of Trial Court with regard to guilt of deceased accused were based on mere presumptions and assumption

Assumptions and presumption how high might be could not be a substitute of evidence

Deceased accused through evidence led by him in defence had successfully rebutted allegation of prosecution

Prosecution failed to prove its case through cogent and confidence inspiring documentary and oral evidence

Even a shred of evidence was not brought by prosecution to prove corruption and corrupt practices of deceased accused and widow while they were serving in service of Pakistan

High Court set aside sentence of fine imposed by Trial Court to the extent of forfeiture of properties in the name of deceased accused and his dependents including his widow and son

Appeal was allowed accordingly.

2013 PCrLJ 161 PESHAWAR-HIGH-COURT Judicial Precedent

Ss. 9(a)(iv) & 10Criminal Procedure Code (V of 1898), S.431Corruption and corrupt practicesAssets beyond meansAppreciation of evidenceDeath of accusedFine, imposition ofAccused was convicted by Trial Court for acquiring assets which were disproportionate to his known sources of incomeAccused did not deny acquisition of assets however claimed to have acquired them through lawful sources of incomeValidity

Accused claimed that plot for residential house was purchased by his father-in-law for his wife and house was constructed on it, however prosecution witness who was previous owner of the plot deposed before Trial Court that the same was purchased by the accused

Allegations of expenses incurred on education of children by accused as well as performance of Umra and fare of UK, were proved by prosecution through oral and documentary evidence

Prosecution witnesses were found consistent and confidence inspiring and their stance could not be shattered despite lengthy and taxing cross-examination, whereas accused produced cryptic and inconsistent evidence, which was rightly not believed

Trial Court after scrutinizing material available on record convicted and sentenced accused and counsel for accused failed to point out any misreading or non-reading of evidence, justifying interference by High Court

Judgment passed by Trial Court was in accordance with law and material available on record

Accused had died, therefore, his sentence stood abated, however High Court maintained fine imposed by Trial Court

Appeal was dismissed accordingly.