The appeal against conviction under Section 304-II IPC was disposed of as the High Court found that the appellant had expired, rendering the appeal abated.
The appeal was dismissed as abated due to the death of the 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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
CRIMINAL APPEAL NO.647/2006
Vitthal Sambhaji Shinde .vs. State of Maharashtra
_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.
Mr. D. G. Patil, Advocate for appellant. Mr. S. M. Ghodeswar, A.P.P. for respondent-State.
CORAM : V.M. DESHPANDE, J. DATED : FEBRUARY 20, 2019
Heard Mr. Patil, learned counsel for the appellant and Mr. Ghodeswar, learned A.P.P. for State.
Present appeal is against judgment and order of conviction passed by learned Additional Sessions Judge, Pusad in Sessions Trial No.111/1997, by which the Court below has convicted the appellant for an offence punishable under Section 304-II of the Indian Penal Code.
This appeal was admitted on 04.12.2006 and the appellant was released on bail.
Paper book is also ready. However, the learned A.P.P. Mr. Ghodeswar filed a Pursis Stamp No.809/2019, wherein it is stated that as per written instructions received from Police Station Officer, Police Station, Umarkhed, it is stated that the appellant Vitthal Sambhaji Shinde has expired on 18.05.2009. Death certificate of the appellant is also annexed along with a
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pursis. The death certificate and the written instructions filed along with pursis are taken on record.
In view of the death certificate of appellantVitthal Sambhaji Shinde, the appeal stands abated and disposed of accordingly.
JUDGE
kahale
Vitthal Sambhaji Shinde
State of Maharashtra
V.M. DESHPANDE
As recorded by the court registry
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