(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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