Bombay High Court

STATE OF MAHAversusUDHAV VITHALRAO MALSHE

Disposal: DISPOSED OFF

Holding

The appeal stands abated and is disposed of due to the death of the accused.

Summary

The State of Maharashtra appealed against Udhav Vithalrao Malshe in a criminal appeal. During the pendency of the appeal, the police of Wadwana Police Station informed the court that the accused had died on 3 April 2013, and a Gram Panchayat officer confirmed that the death was not recorded in the local register. The court accepted the police communication as sufficient proof of death. Consequently, the court held that the appeal could no longer proceed against a deceased accused. The appeal was therefore abated and disposed of.

Issues considered

The effect of the death of an accused on a pending criminal appeal

Subjects

criminal appeal
death of accused
abated proceedings
procedural law

Judgment

                                   (1)
                                            957- Cri. Appeal No. 783-2003.odt
          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

               957 CRIMINAL APPEAL NO. 783 OF 2003

                     STATE OF MAHARASHTRA
                               VERSUS
                    UDHAV VITHALRAO MALSHE
                                 …..
             Advocate for Appellant : Mr. R. D. Raut
                                 ...

                   CORAM :       SANDIPKUMAR C. MORE, &
                                 VAISHALI PATIL-JADHAV, J.J.

                   DATED :       August 21, 2026

ORDER:-

1.     The learned A.P.P. place on record, the communication dated

02.08.2026 issued by the concerned A.P..I. of Wadwana Police Station,

Taluka Udgir, mentioning that the present respondent/accused is no

more and died on 03.04.2013.             He also placed on record, the

certificate from concerned Gram Panchayat Officer, mentioning that

the entry of death of the respondent /accused, is not taken in the

concerned register.

2.     Be that as it may, the concerned police officer has confirmed the

death of respondent/accused. As such, said communication is taken

on record and marked ‘X’ for identification. Accordingly, the appeal

stands abated and disposed of.



(VAISHALI PATIL-JADHAV)             (SANDIPKUMAR C. MORE)
      JUDGE                                 JUDGE
YSK/

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