Bombay High Court

SHANTARAM VITHAL ZORE .versusTHE STATE OF MAHARASHTRA .

Decided: 30 September 2026
Disposal: Abated

Holding

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

Summary

The appellant, Shantaram Vithal Zore, was tried in a Sessions Court for an offence under Section 307 of the Indian Penal Code, but was convicted under Section 326 and sentenced to three and a half years of rigorous imprisonment. While the appeal was pending, a police report indicated that the appellant had died on 8 May 2020. The High Court considered whether the appeal could continue in view of the appellant's death. Relying on the principle that a criminal appeal abates upon the death of the appellant, the Court held that the appeal could not proceed. Consequently, the appeal was dismissed as abated.

Issues considered

Whether a criminal appeal abates upon the death of the appellant

Legislation cited

Indian Penal Code — s. 307, 326

Subjects

criminal appeal
abated appeal
death of appellant
IPC Section 307
IPC Section 326
rigorous imprisonment

Judgment

                                                        1                6-APEAL 487-2000.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CRIMINAL APPELLATE JURISDICTION

                                          CRIMINAL APPEAL NO.487 OF 2000

                      Shantaram Vithal Zore                       … Appellant
                            Vs.
                      The State of Maharashtra                    … Respondent
                                                         -----
                      Mr. Deepak Kushwaha for the Appellant.
                      Mr. P. H. Gaikwad, APP for the Respondent-State.
                                                         -----

                                                      CORAM :     N.R. BORKAR, J.
                                                      DATE    :   30TH SEPTEMBER 2026
                      P.C. :

MUGDHA
MANOJ                 1.       This Appeal takes exception to the judgment and order dated 4 th
PARANJAPE
Digitally signed by
MUGDHA MANOJ
                      July 2000 passed by the Additional Sessions Judge in Sessions Case
PARANJAPE
Date: 2026.09.30
18:01:35 +0530        No.838 of 1986.


                      2.       In the aforesaid Sessions Case, the Appellant was tried for the
                      offence punishable under Section 307 of the Indian Penal Code. By the
                      impugned judgment and order, the Learned Additional Sessions Judge has
                      convicted the Appellant for the offence punishable under Section 326 of
                      the Indian Penal Code and sentenced him to suffer rigorous imprisonment
                      for three and half years.


                      3.       The report submitted by the concerned police station dated 11 th
                      September 2026 shows that during pendency of the present Appeal, the
                      Appellant has expired on 8th May 2020.



                           Mugdha                                                               1 of 2
                                  2             6-APEAL 487-2000.doc




4.       In that view of the matter, the Criminal Appeal is dismissed as
abated.


                                           (N.R. BORKAR, J.)




     Mugdha                                                            2 of 2

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