Death of petitioner (victim's family) during appeal

Querist : Anonymous (Querist) 06 September 2020 This query is : Resolved
HI experts
My mother was murdered in 2009 and accused was acquitted by sessions courts. Thereafter my uncle filed an appeal under section 372 CRPC in Lucknow high court as he had lodged the FIR at first place.

Last year he died however accused is still alive. Hence I just wanted to know:
1) whether the case will be get closed automatically with the death of petitioner's in victim family or it will stay unaffected
2) Can I be admitted in place of my uncle's name at this stage as victim was my mother

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Isaac Gabriel (Expert) 07 September 2020
You can implead in the suit by filing petition

Dr J C Vashista (Expert) 07 September 2020
Mr./Ms Anonymous,
The counsel for your uncle has moved the appeal under the proviso to Section 372 CrPC which provides that:

No appeal to lie unless otherwise provided — No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force.

[Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence 01 imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.]

Dr J C Vashista (Expert) 07 September 2020
You / your family has already engaged / paid an able, competent and intelligent lawyer who is well aware the facts and circumstances of the case, what is his/ her advise ?

Why do you need second opinion on the basis of limited facts posted by you except the fact it is available FREE OF COST ?

Shilesh Patel (Expert) 07 September 2020
yes, the legal representative can continue the case make sure if the legal representative is you then you have the proper knowledge of the case and its facts.

P. Venu (Expert) 07 September 2020
You also happens to be a victim, you can implead and continue the appeal.

Rajendra K Goyal (Expert) 08 September 2020
What is the opinion of your lawyer?

Victim:
2(wa) of the CrPC, 1973 as a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression victim includes his or her guardian or legal heir.

Querist : Anonymous (Querist) 09 September 2020
Just one more question is that will the case be unaffected by the death of my uncle and whether his appointed lawyer can continue with the case? is it mandatory for me to file a fresh suit in my name

Shilesh Patel (Expert) 10 September 2020
yes, the case will be unaffected and you can continue your case from where your uncle was deceased.

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