Bombay High Court
JAGDISH TIKAMDAS AHUJA AND 2 OTHERSversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The appeal is dismissed as abated because the appellants died during the pendency of the appeal.
Summary
The appellants Jagdish Tikamdas Ahuja and others were convicted by the Additional Sessions Judge, Thane, for offences under Sections 436 read with 34 of the Indian Penal Code and sentenced to three years' rigorous imprisonment and a fine. They filed a criminal appeal challenging the conviction and sentence. During the pendency of the appeal, all three appellants died, as shown by the police report. The High Court considered whether the appeal could continue after the death of the accused. Finding that the death of the appellants extinguished the criminal liability, the Court dismissed the appeal as abated.
Issues considered
- Whether a criminal appeal can be maintained when the appellant(s) have died during its pendency
- Effect of the death of the accused on pending criminal proceedings
Legislation cited
- Indian Penal Code — s. 34, 436
Subjects
- criminal appeal
- abatement
- death of accused
- extortion
- IPC 436
- Section 34
Judgment
1 5-APEAL 390-99.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.390 OF 1999
Jagdish Tikamdas Ahuja & Ors. … Appellants
Vs.
The State of Maharashtra … Respondent
-----
Mr. Nitin Jagtap, appointed advocate a/w Shubham Saraf a/w Saish
Sarang for the Appellants.
Ms. Rutuja Ambekar, APP for the Respondent-State.
-----
CORAM : N.R. BORKAR, J.
DATE : 06TH OCTOBER 2026
P.C. :
Digitally
signed by
MUGDHA
1. This Appeal takes exception to the judgment and order dated 21 st
MUGDHA MANOJ
MANOJ PARANJAPE
PARANJAPE Date:
2026.10.06
June 1999 passed by the Additional Sessions Judge, Thane in Sessions
17:48:04
+0530
Case No.915 of 1993.
2. By the impugned judgment and order, the Learned Additional
Sessions Judge has convicted the present Appellants for the offences
punishable under Sections 436 read with 34 of the Indian Penal Code and
sentenced them to suffer rigorous imprisonment for three years and to pay
fine of Rs.1000/- each, in default of payment of fine further rigorous
imprisonment for three months.
3. The report submitted by the concerned police station shows that all
the three Appellants have expired during the pendency of the present
Appeal.
4. In that view of the matter, the Criminal Appeal is dismissed as
abated.
(N.R. BORKAR, J.)
Mugdha 1 of 1
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