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Ram Digambar Giri And Ors vs The State Of Maharashtra on 26 March, 2019

(1) criappl175.02

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CRIMINAL APPEAL NO.175 OF 2002

RAM DIGAMBAR GIRI AND ORS
VERSUS
THE STATE OF MAHARASHTRA

Mrs. Uma S. Bhosale, appointed Advocate for the
appellant No.2.
Mr. S.N. Morampalle, APP for the respondent/State.

CORAM : S.M.GAVHANE,J.
DATED : 26.03.2019

PER COURT :-

1. Heard learned counsel for the appellants and

learned APP for the respondent/State.

2. The appellants/original accused Nos.1,2 and 3

have filed this appeal challenging the conviction and

sentence recorded against them for the offences

punishable under Sections 306 and 498A read with Section

34 of the Indian Penal Code by the judgment and order

dated 14.03.2002 in Sessions Case No.134 of 1999 passed

by the IInd Ad-hoc Additional Sessions Judge, Parbhani.

3. As the appellants/accused were absent, bailable

warrants were issued against them as per order dated

14.01.2019, returnable on 11.02.2019. Police submitted

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(2) criappl175.02

report dated 08.02.2019 that accused No.1 Ram Giri and

accused No.3 Ratnamala Giri are dead. Thereupon, as per

order dated 11.02.2019 directions were issued to police

of Gangakhed police Station to produce death

certificates of both these accused Nos.1 and 3. Police

submitted photocopy of death certificate of accused No.

1/appellant No.1 Ram Giri with report dated 08.03.2019.

Said report is marked ‘X’ for identification. This

photocopy of death certificate of accused No.1 shows

that he died on 07.02.2018. Said date is also mentioned

in the letter/certificate of Municipal Councillor of

Municipal Council, Gangakhed. Said letter of Municipal

Councillor, Municipal Council of Gangakhed is marked ‘X-

I’ for identification.

4. Learned APP also informed that accused No.1 Ram

Giri is dead and date of death of said accused is

07.02.2018 as per photocopy of death certificate and

letter of Municipal Councillor (Exh.’X’ and ‘X-I’).

5. By the report dated 08.03.2019, it is informed

by the police that death of accused No.3 is not

registered in Municipal Council, Gangakhed and therefore

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(3) criappl175.02

death certificate of accused No.3/appellant No.3

Ratnamala is not available. Letter (X-I) of Municipal

Councillor produced by the police with report dated

08.02.2019 shows that accused No.3 Ratnamala Giri is

dead and her date of death is 19.03.2009. Thus, on the

basis of this letter/certificate (X-I), it can be said

that accused No.3 is also dead on 19.03.2009. Police

person who is present in the Court and who has produced

accused No.2 in the Court as well as accused No.2 have

also stated that accused No.3 is no more and she died on

19.03.2009.

6. In the above circumstances, as accused No.1 Ram

Giri and accused No.3 Ratnamala Giri are dead, the

appeal is abated to the extent of these

accused/appellants.

7. Today appellant No.2/accused No.2 Saraswati

Giri is produced by the Jail Authority after execution

of Non Bailable Warrant issued against her. She was

lodged in the Parbhani Central Jail by the Additional

Sessions Judge-4, Parbhani after execution of warrant.

She has been taken in custody and she be produced on

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(4) criappl175.02

02.04.2019.

8. Mr. Hemant Surve, learned counsel was

representing all the appellants. Mr. Surve has been

discharged and now there is nobody to represent

appellant No.2/accused No.2 Saraswati Giri.

9. Mrs. Bhosale, learned counsel is appointed as

amicus curie to conduct the appeal on behalf of

appellant No.2 at the State expenses to be paid by the

legal services authority of this Court. Office to supply

copy of paper book to Mrs. Bhosale, learned counsel

representing the appellant No.2 immediately.

10. Stand over to 02.04.2019.

11. Authenticated copy be given to the learned APP.

[S.M.GAVHANE,J.]

ssp/Mar.19/criappl175.02

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