High Court of Gujarat

KIRTIBHAI JAMNADASBHAI DHAKANversusSTATE OF GUJARAT

Disposal: DISPOSED AS INFRUCTUOUS
Bench: VAIBHAVI D NANAVATIR T VACHHANI

Holding

The appeal stands abated due to the death of the accused before the prescribed limitation period.

Summary

The State of Gujarat appealed against a conviction of Jagdishbhai Haribhai Kagadada. During the hearing, statements from the deceased's daughter and son‑in‑law were recorded, confirming that the accused had died in 2006, well before the 20‑year limitation period for criminal appeals. No record of the death existed with the Gram Panchayat, and the statements were taken by a police inspector. The court held that the appeal could no longer proceed because the accused’s death rendered the appeal abated. Consequently, the primary appeal and the related appeal and revision applications were all disposed of as infructuous.

Issues considered

Whether a criminal appeal stands when the accused has died before the prescribed limitation period.

Subjects

abated appealdeath of accusedcriminal appeallimitation periodinfructuous

Judgment

       R/CR.A/667/2002                             ORDER DATED: 07/02/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/CRIMINAL APPEAL NO. 667 of 2002
                                 With
                   R/CRIMINAL APPEAL NO. 478 of 2002
                                 With
            R/CRIMINAL REVISION APPLICATION NO. 280 of 2002
==========================================================
                               STATE OF GUJARAT
                                      Versus
                         JAGDISHBHAI HARIBHAI KAGADADA
==========================================================
Appearance:
MR MANAN MEHTA, APP for the Appellant(s) No. 1
MR EKANT G AHUJA(5323) for the Opponent(s)/Respondent(s) No. 1
==========================================================
     CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
           and
           HONOURABLE MR. JUSTICE R. T. VACHHANI

                         Date : 07/02/2026
                          ORAL ORDER
        (PER : HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI)


1.      Upon a submission made by Mr.Manan Mehta, APP appearing for
the appellant, wherein Mr.Mehta has placed on record the statements of
the daughter of deceased Jagdishbhai Haribhai Kagadada viz. Bindiben
Chetanbhai Salla and the son-in-law of the deceased viz. Chetanbhai
Arvindbhai Salla, having been recorded on 06.02.2026, it is stated that
accused Jagdishbhai expired before 20 years, as far back as in the year
2006.


2.      It is recorded that, in absence of any record with the Gram
Panchayat, the above statement have been recorded by Mr.S. R. Gohil,
Police Inspector, Jasdan Police Station. The said statement is ordered to
be taken on record. Police Constable Mr.Bhaveshbhai Dineshbhai
Chhaida, Jasdan Police Station, is also present before this Court.


                                    Page 1 of 2
           R/CR.A/667/2002                                                                    ORDER DATED: 07/02/2026




 3.          Upon such statements having been recorded, Criminal Appeal No.
 667 of 2002 stands disposed of as having abated. In view of the same,
 Criminal Appeal No. 478 of 2002 and Criminal Revision Application No.
 280 of 2002 also stand disposed of as having become infructuous.




                                                                                      (VAIBHAVI D. NANAVATI,J)




                                                                                                    (R. T. VACHHANI, J)
 MVP
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: MITESH VIJAYBHAI PANCHAL(HCD0065), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 07/02/2026 14:58:18




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