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Bombay High Court

GAJANAN SHRIPAT AGAUNE .versusSTATE OF MAHARASHTRA .

Decided
Disposal
Dismissed

Holding

The appeal is dismissed as abated due to the appellant's death.

Summary

The appellant, Gajanan S. Agavne, was convicted by the Additional Sessions Judge, Greater Mumbai, for offences under Sections 498-A and 306 of the Indian Penal Code and sentenced to three years rigorous imprisonment on each count. He filed Criminal Appeal No. 245 of 2001 challenging the conviction and sentence. During the pendency of the appeal, the appellant died on 08 June 2012, as recorded in a police report dated 16 August 2026. The High Court considered whether the appeal could continue after the death of the appellant. Relying on the principle that criminal appeals abate upon the death of the appellant, the Court dismissed the appeal as abated. The judgment thus upheld the procedural rule that a deceased appellant cannot pursue a pending criminal appeal.

Issues considered

  • Whether a criminal appeal can proceed after the death of the appellant

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • IPC 498-A
  • IPC 306
  • rigorous imprisonment

Judgment

         Digitally
         signed by
         DINESH
DINESH   SADANAND
SADANAND SHERLA
SHERLA   Date:
         2026.09.29
                                                                                  9-apeal-245-2001.odt
         15:13:17
         +0530




                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION
                                       CRIMINAL APPEAL NO.245 OF 2001

                      Gajanan S. Agavne                              …Appellant
                           V/s.
                      State of Maharashtra                           ...Respondent.

                                                   …………..
                      None present for the Appellant.
                      Mr. Yogesh Dabake, APP for the Respondent/State.
                                                  …………..

                                                   CORAM         :   N.R. BORKAR, J.
                                                   DATE          :   29.09.2026.

                      P.C. :

                      1.       This appeal takes exception to the judgment and order dated
                      29.01.2001 passed by the Additional Sessions Judge, Greater
                      Mumbai in Sessions Case No. 175 of 1997.


                      2.       By the impugned judgment and order, the learned Additional
                      Sessions Judge has convicted the present appellant for the
                      offences punishable under Sections 498-A and 306 of the IPC and
                      sentenced him to suffer R.I. for 3 years on each count.


                      3.       The report submitted by the concerned police station dated
                      16.08.2026 shows that, during the pendency of the present
                      appeal, the appellant has expired on 08.06.2012. In that view of
                      the matter, the Appeal is dismissed as abated.

                                                                     [N.R.BORKAR, J.]



                      Dinesh S. Sherla                     1/1


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