Bombay High Court

KISSAN ANANDA GAWLI .versusSTATE OF MAHARASHTRA .

Decided: 16 September 2026
Disposal: Dismissed

Holding

The appeal is dismissed as abated because the appellant died while the appeal was pending.

Summary

The appellant, Kissan A. Gawli, was convicted by the Additional Sessions Judge, Pune, for offences under Sections 498-A and 306 of the Indian Penal Code, receiving rigorous imprisonment of two years and five years respectively. He filed Criminal Appeal No. 397 of 2000 challenging the conviction and sentence. While the appeal was pending, the appellant died on 6 April 2021, as recorded in a police report dated 6 August 2026. The High Court considered whether the death of the appellant extinguishes the right to continue the criminal appeal. Relying on the principle that a criminal appeal abates upon the death of the appellant, the Court dismissed the appeal as abated. Consequently, the conviction and sentence stand, but the appeal itself is terminated due to the appellant’s demise.

Issues considered

Does the death of an appellant during pendency of a criminal appeal abate the appeal?
Can a criminal appeal proceed in the absence of the appellant?

Legislation cited

Indian Penal Code, 1860 — s. 306, 498-A

Subjects

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

Judgment

                                                           11-apeal-397-2000.odt


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
                 CRIMINAL APPEAL NO. 397 OF 2000

Kissan A. Gawli                                       …Appellant
     V/s.
State of Maharashtra                                  ...Respondent.
                              …………..
None present for the Appellant.
Mr. P.H. Gaikwad, APP for the Respondent/State.
                             …………..
                            CORAM :       N.R. BORKAR, J.
                            DATE     :    16.09.2026.
P.C. :

1.       This appeal takes exception to the judgment and order dated
18.4.2000 passed by the Additional Sessions Judge, Pune in
Sessions Case No. 408 of 1997.
2.       In the aforesaid sessions case, the appellant was tried for the
offences punishable under Sections 498-A & 306 of the Indian
Penal Code, 1860 (for short “IPC”).
3.       By the impugned judgment and order, the trial Court has
convicted the appellant for the offences punishable under Sections
498-A and 306 of the IPC and sentenced him to suffer R.I. for 2
years and 5 years respectively.
4.       It appears from the report submitted by the concerned police
station dated 6.8.2026 that during pendency of the present appeal
the appellant has expired on 6.4.2021. 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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