law: Code of Criminal Procedure Act, 1973
  394.Abatement of appeal.-
  (1) Every appeal under section 377 or section
  
  378 shall finally abate on the death of the accused.
  (2) Every other appeal under this Chapter (except an appeal from a sentence of
  
  fine) shall finally abate on the death of the appellant:
  
  Provided that where the appeal is against a conviction and sentence of
  
  death or of imprisonment, and the appellant dies during the pendency of the
  
  appeal, 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, the appeal shall not abate.
  
  Explanation.-In this section, "near relative">means a parent,
  
  spouse, lineal descendant, brother or sister.