Code of Criminal Procedure, 1973–Sec. 384–Scope–In such cases where the appeal does not abate as soon as it is brought to the notice of the Court that the appellant has died, a notice is required to be issued to the legal heirs of the deceased accused-appellant to make their submissions against the sentence and fine because if they are not granted such opportunity, the fine could very well be recovered from the assets of the accused which are in the hands of legal heirs–It is only when despite opportunity granted, the legal heirs do not prosecute the appeal, the appeal itself may be dismissed as infructuous.


