Ordinarily, every criminal appeal, whether against acquittal or conviction, will come to an end on death of appellant. Abatement of appeals is governed by S. 394 of the Code of Criminal Procedure, 1973 (hereinafter called "the Code"). Section 394 of the Code after its amendment on the basis of recommendation made by the Law Commission of India in its Forty-First Report (September, 1969, Vol. 1, Pp. 279-281) reads as under: 394. Abatement of appeals Every appeal under Section 377 or Section 378 shall finally abate on the death of the accused. 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 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 ....