Bombay High Court
DASHRATH MAHADU AHIREversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The appeal is dismissed as abated because the appellant died during the pendency of the appeal.
Summary
The appellant, Dashrath Mahadu Ahire, was convicted by the Additional Sessions Judge, Thane, in Session Case No. 719 of 1998 for offences under Sections 323, 498A and 307 of the Indian Penal Code, receiving sentences of one month, one year and seven years rigorous imprisonment respectively. He filed Criminal Appeal No. 1320 of 2002 challenging the conviction and sentences. During the pendency of the appeal, the appellant died on 1 November 2025, and his counsel submitted a death certificate as proof. The High Court noted the death and, applying the principle of abatement of criminal proceedings upon the death of the accused, dismissed the appeal as abated. The judgment therefore upheld the lower court's conviction but terminated the appellate process due to the appellant's demise.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant
- Effect of the appellant's death on the pending criminal proceedings
Legislation cited
- Indian Penal Code — s. 307, 323, 498A
Subjects
- criminal appeal
- abated proceedings
- death of appellant
- IPC
- conviction
- sentencing
Judgment
1 58-APEAL 1320-02.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1320 OF 2002
Dashrath Mahadu Ahire … Appellant
Vs.
The State of Maharashtra … Respondent
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Mr. Bhavin Jain i/by Ganesh Gole for the Appellant.
Mr. Y. Y. Dabake, APP for the Respondent-State.
-----
CORAM : N.R. BORKAR, J.
Digitally
signed by
DATE : 05TH OCTOBER 2026
MUGDHA
MUGDHA
MANOJ
MANOJ
PARANJAPE P.C. :
PARANJAPE Date:
2026.10.05
18:45:40
+0530
1. Mentioned out of turn.
2. This Appeal takes exception to the judgment and order dated 28 th
November 2000 passed by the Additional Sessions Judge, Thane in
Session Case No.719 of 1998.
3. By the impugned judgment and order, the Learned Additional
Sessions Judge has convicted the present Appellant for the offences
punishable under Sections 323, 498A and 307 of the IPC and sentenced
him to suffer rigorous imprisonment for one month, one year and seven
years respectively.
4. Learned Counsel for the Appellant submits that during pendency of
the present Appeal, the Appellant has expired on 01 st November 2025. In
Mugdha 1 of 2
2 58-APEAL 1320-02.doc
support of the said submissions, Learned Counsel for the Appellant has
tendered the death certificate of the Appellant. The same is taken on
record and marked ‘X’ for the purpose of identification.
5. The Criminal Appeal is thus dismissed as abated.
(N.R. BORKAR, J.)
Mugdha 2 of 2
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