The court dismissed the criminal appeal after receiving a death certificate confirming the death of the sole appellant on 07/01/2016, holding that the appeal abated in his absence.
The criminal appeal stands abated and is consigned to the record due to the death of the appellant.
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(3)APEALNo.5341997
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.534 OF 1997
Mohan Gurunath Sahastrabudhe ... Appellant V/s. The State of Maharashtra ... Respondent
Mr.Vishal Satyaprakash i/b. Mr.S.V.Marwadi, Advocate for the Appellant.
Ms.Anamika Malhotra, APP for the Respondent/State.
CORAM : A.M.BADAR J.
DATED : 19th APRIL 2018.
P.C. :
1 This is an appeal challenging conviction of the appellant/accused for the offence punishable under Section 323 of the Indian Penal Code recorded by the learned Additional Sessions Judge, Thane in Sessions Case No.745 of 1995 on 05/08/1997.
2 Today, the learned Additional Public Prosecutor furnished communication dated 16/04/2018 sent by the SubRegistrar, Birth-Deaths Registration Department, Kalyan Dombivali Municipal Corporation to the Senior Police Inspector of Nawpada Police Station, to which Death Certificate of the appellant/accused
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Gaikwad RD
(3)APEALNo.5341997
Mohan Gurunath Sahastrabudhe is annexed and contended that the applicant/accused Mohan Gurunath Sahastrabudhe died on 07/01/2016. The communication dated 16/04/2018 is marked as Exhibit 'X', whereas the Death Certificate is marked as Exhibit 'Y' for the purpose of identification.
3 In this view of the matter, the appeal stands abated because of death of the sole appellant and is consigned to record.
(A.M.BADAR J.)
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Gaikwad RD
Mohan Gurunath Sahastrabudhe
The State of Maharashtra
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
