Bombay High Court

SHRI MAHENDRA R. SAWANT .versusTHE STATE OF MAHARASHTRA .

Decided: 16 September 2026
Disposal: Dismissed

Holding

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

Summary

Mahendra R. Sawant was tried for murder (Section 302 IPC) and grievous hurt (Section 325 IPC). The trial court convicted him under Section 325 and sentenced him to four years' rigorous imprisonment, acquitting him of the murder charge. He appealed the conviction in Criminal Appeal No. 488 of 2000. While the appeal was pending, the appellant died on 17 December 2010, as recorded in a police report dated 17 August 2026. The High Court, noting the appellant's death, dismissed the appeal as abated.

Issues considered

Whether an appeal pending against a conviction can be continued after the death of the appellant?

Legislation cited

Indian Penal Code, 1860 — s. 302, 325

Subjects

criminal appeal
conviction
Section 302 IPC
Section 325 IPC
abatement
death of appellant

Judgment

                                                           12-apeal-488-2000.odt


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
                 CRIMINAL APPEAL NO. 488 OF 2000

Mahendra R. Sawant                                   …Appellant
     V/s.
The State of Maharashtra                             ...Respondent.
                             …………..
None present for the Appellant.
Mr. Yogesh Dabake, 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
30.6.2000 passed by the Additional Sessions Judge, Greater
Mumbai in Sessions Case No. 222 of 1995.
2.       In the aforesaid sessions case, the appellant was tried for the
offence punishable under Section 302 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 Section
325 of the IPC and sentenced him to suffer R.I. for 4 years.
However, the trial Court has acquitted him of the offence under
Section 302 of the IPC.
4.       The report submitted by the concerned police station dated
17.8.2026 shows that during pendency of the present appeal the
appellant has expired on 17.12.2010. In that view of the matter,
the Appeal is dismissed as abated.


                                               [N.R.BORKAR, J.]


Dinesh S. Sherla                       1/1

Continue reading with your account

Checking your session…