Bombay High Court

DHANANJAY @ KIRAN VINAYAK KADAM .versusTHE STATE OF MAHARASHTRA .

Decided: 17 September 2026
Disposal: Abated

Holding

The appeal was dismissed as abated because the appellant died during the pendency of the appeal.

Summary

The appellant, Dhananjay @ Kiran Vinayak Kadam, was convicted by the Additional Sessions Judge, Thane, for offences under Sections 376 and 307 of the Indian Penal Code and sentenced to seven years' rigorous imprisonment. While the appeal was pending, a police report dated 20 August 2026 indicated that the appellant had died on 8 June 2026. The High Court considered whether the death of the appellant caused the appeal to abate. Applying the principle that a criminal appeal abates upon the death of the appellant, the Court dismissed the appeal as abated. The judgment thus upheld the lower court's conviction but terminated the appellate proceedings due to the appellant's death.

Issues considered

What is the effect of the appellant's death on the pending criminal appeal?

Legislation cited

Indian Penal Code — s. 307, 376

Subjects

criminal appeal
abated appeal
death of appellant
IPC 376
IPC 307
rigorous imprisonment

Judgment

     Priyanka                                       4-apeal-73-2000.odt




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
                         APPEAL NO.73 OF 2000


Dhananjay @ Kiran Vinayak Kadam                          …Appellant
      Versus
State of Maharashtra                                     …Respondent


None for the Appellant.
Mr. V.N. Sagare, APP, for the Respondent-State.


                       CORAM            N.R. BORKAR, J.
                       DATED:           17th September 2026
PC:-


1.         This Appeal takes exception to the Judgment and Order

dated 28th January 2000 passed by the Additional Sessions Judge,

Thane in Sessions Case No.684 of 1995.



2.        By the impugned Judgment and Order, the learned

Additional Sessions Judge has convicted the present Appellant for

the offences punishable under Sections 376 and 307 of the Indian

Penal Code and sentenced him to suffer rigorous imprisonment for

the period of 7 years.




                                   Page 1 of 2
                              th
                            17 September 2026
     Priyanka                                      4-apeal-73-2000.odt



3.        The report dated 20th August 2026 submitted by the

concerned Police Station shows that during the pendency of the

present Appeal, the Appellant has expired on 8th June 2026.



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




                                                     (N.R. BORKAR, J)




                                    Page 2 of 2
                               th
                             17 September 2026

Continue reading with your account

Checking your session…