Tukaram Mahadev Khanadagale Since Deceased Through Legal Heirs Sakhubai T. Khandagale And ORS v. The State Of Maharashtra

28-APPA-1218-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1218 OF 2016 IN CRIMINAL APPEAL NO.867 OF 2006 TUKARAM MAHADEV KHANDAGALE ) (since deceased through legal heirs) ) SMT.SAKHUBAI T. KHANDAGALE & ORS.

)...APPLICANTS

IN THE MATTER BETWEEN

THE STATE OF MAHARASHTRA )...APPELLANT V/s.

TUKARAM MAHADEV KHANDAGALE ) (since deceased through legal heirs) ) SMT.SAKHUBAI T. KHANDAGALE & ORS.

)...RESPONDENTS Mr.Ramkrushna Yedave i/b. Mr.Vijay Killedar, Advocate for the Applicant.

Mr.S.V.Gavand, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

13th FEBRUARY 2017.

avk 1/2

28-APPA-1218-2016.doc P.C. :

Heard both sides.

It is seen that respondent / original accused died on 14th August 2016. His legal heir desires to defend the appeal filed by the State challenging acquittal of the accused, who died during pendency of the appeal.

The application is, therefore, allowed in terms of Prayer Clause (a).

(A. M. BADAR, J.) avk 2/2