vss : 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.397 OF 2007 CRIMINAL APPLICATION NO.397 OF 2007 CRIMINAL APPLICATION NO.397 OF 2007 ------------------------------------------------------------------- Office Notes, Office Memoranda¦ Court’s or Judge’s of Coram, appearances, Court’s¦ Orders Order or Directions and ¦ Registrar’s Orders ¦ ------------------------------------------------------------------- Mr.S.R. Saudagar for the Petitioner Ms.Deepa Kadam for Respondent Nos.1&2 Ms.A.T. Zaveri, APP, for Respondent-State CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: MARCH 27, 2008 MARCH 27, 2008 MARCH 27, 2008 P.C.: P.C.: P.C.: . This Criminal application has been filed by the heirs of the original appellant, who has died on 24.10.2006. Under section 394 of the Code of Criminal Procedure, every appeal filed under section 377 or section 378 abates with the death of the accused. Every other appeal abates on the death of the appellant except where the appeal is from a sentence or fine. In the present case, the appeal has been filed against the acquittal. The criminal application filed by the legal heir of vss : 2 : the appellant is not maintainable as the appeal has abated on the death of the appellant. Criminal Application is therefore dismissed. Appeal stands dismissed as abated.