The High Court of Judicature at Bombay held that the criminal appeal stands abated following the death of the sole appellant, accompanied by the abatement of a connected criminal appeal under Section 363/376 IPC.
The appeal was dismissed as abated due to the death of the sole appellant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(19)APEALNo.2952015
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.295 OF 2015 WITH CRIMINAL APPEAL (ST) NO.582 OF 2015
Vikram @ Vicky Hanmant Babar ... Appellant V/s. The State of Maharashtra ... Respondent
Mr.Pranot P. Pawar i/b. Chaudhari & Associates, Advocate for the Appellant.
Mr.S.V.Gavand, APP for the Respondent/State.
CORAM : A.M.BADAR J.
DATED : 11th OCTOBER 2018.
P.C. :
1 The learned Additional Public Prosecutor has tendered a communication addressed to his office by the Police Inspector of Vaduj Police Station along with Death Certificate. The same is taken on record and marked as Exhibit 'X' for the purpose of identification.
2 The Death Certificate shows that the appellant/accused died on 11/05/2016. The appeal is challenging conviction of the appellant/accused for the offences punishable under Sections 363
1/2
Gaikwad RD
(19)APEALNo.2952015
and 376 of the Indian Penal Code. The appeal therefore, stands abated because of death of sole appellant and the same is consigned to record.
3 In view of abatement of the instant Criminal Appeal another Criminal Appeal bearing (Stamp) No. 582 of 2015, which was registered on the basis of communication sent by the deceased appellant through jail also stands abated.
(A.M.BADAR J.)
Raju Dattatraya Gaikwad
Digitally signed by Raju Dattatraya Gaikwad Date: 2018.10.12 12:27:19 +0530
2/2
Gaikwad RD
Vikram @ Vicky Hanmant Babar
The State of Maharashtra
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
