Bombay High Court

SANTOSH GAJANAN GADHAVE .versusTHE STATE OF MAHARASHTRA .

Decided: 31 August 2026
Disposal: Abated

Holding

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

Summary

The appellant, Santosh Gajanan Gadhave, was convicted by the Additional Sessions Judge, Pune, under Section 498-A of the Indian Penal Code and sentenced to one year of rigorous imprisonment. While the appeal was pending, the appellant died on 14 August 2005, as confirmed by a police report taken on record. The appellant's counsel was absent, and the respondent was represented by Mr. V. N. Sagare. The High Court considered whether the death of the appellant abated the criminal appeal. Concluding that the appeal could not proceed against a deceased person, the Court dismissed the appeal as abated.

Issues considered

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

Legislation cited

Indian Penal Code, 1860 — s. 498-A

Subjects

criminal appeal
abated appeal
death of appellant
Section 498-A
IPC
procedural law

Judgment

                                                          1                44-APEAL 869-01.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CRIMINAL APPELLATE JURISDICTION
                                           CRIMINAL APPEAL NO.869 OF 2001
                      Santosh Gajanan Gadhave                              … Appellant
                            Vs.
                      The State of Maharashtra                             … Respondent
                                                              -----
                      None for the Appellant.
                      Mr. V. N. Sagare, APP for the Respondent-State.
                                                          -----
                                                      CORAM : N.R. BORKAR, J.
                                                      DATE      : 31ST AUGUST 2026
                      P.C. :
                      1.       This Appeal takes exception to the judgment and order dated 21 st

MUGDHA                September 2001 passed by the Additional Sessions Judge, Pune in
MANOJ
PARANJAPE             Sessions Case No.473 of 2000.
Digitally signed by
MUGDHA MANOJ
PARANJAPE
Date: 2026.08.31
18:20:40 +0530
                      2.       By the impugned judgment and order, the Learned Additional
                      Sessions Judge has convicted the present Appellant for the offence
                      punishable under Section 498-A of the Indian Penal Code and sentenced
                      him to suffer rigorous imprisonment for one year.


                      3.       The report received from the concerned police station shows that
                      during pendency of the present Appeal, the Appellant has expired on 14 th
                      August 2005. The report is taken on record and marked ‘X’ for the purpose
                      of identification.


                      4.       The Criminal Appeal is thus dismissed as abated.


                                                                      (N.R. BORKAR, J.)


                           Mugdha                                                                1 of 1

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