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2nd accused dies with properties in a da case


07-Mar-2023 (In Criminal Law)
Two persons are accused one is an abettor he has properties in his name he dies can trial of the first accused start before the the properties of the 2nd accused is not decided any judgements
Answers (1)

Answer #1
854 votes
Dear Sir,
Yes, the case against the dead person will be abated and trial will be continued against another accused who is alive. However if charges are not framed against the living accused then he has liberty to file discharge application under Section 239 of CrPC. Alternatively you may take all possible defenses during cross examination of complainant and witnesses.
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