Bombay High CourtAPEAL/166/2007disposed off

Waman Krushnaji Kalbande v. State Of Mah. Thru P.S.O.

2019-07-12Hon'Ble Shri Justice V.M. Deshpande2 pages

1 apeal166.2007

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO.166/2007 Waman Krushnaji Kalbande ..VS..

The State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Rupali P. Thamekar, Advocate h/f Shri S. M. Bhangade Advocate for the appellant Shri V. P. Gangane, APP for the respondent CORAM : V. M. DESHPANDE, J.

DATED : 12/07/2019 This appeal was filed challenging the judgment and order of conviction passed by the learned Adhoc Additional Sessions Judge-1, Wardha in Session Trial No.37/2006 convicting the appellant for the offence punishable under Section 307 of the Indian Penal Code, 1860.

2] The appeal was admitted on 08/06/2007 and on 3/08/2007 the appellant was released on bail by suspending the substantive sentence.

3] After the paper book was prepared the matter was listed on 20/06/2019 since the counsel for the appellant did not collect the same. On 20/06/2019 a statement was made by the counsel for the appellant that appellant is not contacting him inspite of all the best efforts taken by the learned Advocate. Therefore, Non Bailable Warrant was issued against the appellant.

2 apeal166.2007 4] Police Station authorities Hinganghat has filed report in respect of execution of Non Bailable Warrant. In the report it is stated that the appellant who was a liquor addict died on 28/12/2015 due to drowning in Well when he was under the influence of liquor. Photocopy of death certificate of the appellant is also filed on record alongwith the statement of Diwakar Krushnaji Dhage, the father in law of the appellant.

5] The death certificate, the report and the statement of Diwakar Krushnaji Dhage is taken on record and marked collectively as Exh. X.

6] In view of the report that the appellant has expired on 28/12/2015 the present appeal stands abated and disposed of.

JUDGE Namrata