This was an appeal by the State challenging the acquittal of the respondent for offenses under IPC Sections 376, 324, and 323. The High Court held that as the respondent died on 8th May 2003, the appeal abated.
The appeal was dismissed as it stood abated due to the death of the respondent.
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.
201-APPEAL-545-1998.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.545 OF 1998
STATE OF MAHARASHTRA )...APPELLANT
V/s.
KHANDERAO NARAYAN JAIBHAVE )...RESPONDENT
Mr.M.M.Deshmukh, APP for the Appellant – State.
CORAM : INDRAJIT MAHANTY & A. M. BADAR, JJ. DATE : 14th MARCH 2019
P.C. :
1 This is an appeal challenging acquittal of the
respondent/accused for offences punishable under Sections 376, 324 and 323 of the Indian Penal Code recorded by the learned Additional Sessions Judge, Nashik. The learned APP has tendered
before us Death Certificate issued by the Registrar authorized under Section 12 read with Section 17 of the Registration of Births and Deaths Act, 1969, certifying therein that Khandu Narayan
avk 1/2
201-APPEAL-545-1998.doc
Jaybhave died on 8th May 2003. The Death Certificate is marked as “Exhibit X” for the purpose of identification. The Death Certificate is accompanied by the report of the Senior Police Inspector, Ambad Police Station, Nashik, forwarding the Death Certificate and intimating the fact that the respondent/accused died on 8th May 2003. The report is marked as “Exhibit Y” for the purpose of identification.
As the sole respondent died on 8th May 2003, the appeal stands abated and is consigned to record.
Bail bonds furnished stand cancelled.
(A. M. BADAR, J.) (INDRAJIT MAHANTY, J.)
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1 issue framed by the court
Whether a criminal appeal stands abated upon the death of the sole respondent/accused whose acquittal was challenged.
2 provisions across 2 enactments
STATE OF MAHARASHTRA
KHANDERAO NARAYAN JAIBHAVE
INDRAJIT MAHANTY
A. M. BADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
