Mahesh is convicted of murder by a Court of Session in Vadodara and sentenced to imprisonment for life.…

Section 435(2) makes the appeal abate on the appellant's death, but its proviso provides that in an appeal against conviction and a sentence of death or imprisonment, "any of his near relatives may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal", and if leave is granted it does not abate. Near relative means a parent, spouse, lineal descendant, brother or sister; continuation is not automatic.