Bombay High Court
The State Of Maharashtra vs Vishwanath S/O Prabhu Pitale on 17 October, 2023
Author: Vibha Kankanwadi
Bench: Vibha Kankanwadi
2023:BHC-AUG:22402
apln-1933.21
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
907 CRIMINAL APPLICATION NO.1933 OF 2021
IN APPEAL/397/2014 WITH APPEAL/397/2014 WITH
APPEAL/496/2015
VISHWANATH PRABHU PITALE DIED, THROUGH, HIS LEGAL
HEIR, SMT. MANGALBAI WD/O VISHWANATH PITALE
VERSUS
THE STATE OF MAHARASHTRA
...
Mr.Mukund M. Gitte Advocate for Applicant.
Mr.A.M. Phule, A.P.P. for Resp. No.1 in Application and
for Appellant in Criminal Appeal No.496 of 2015.
Mr.B.N. Magar Advocate h/f. Mr.S.P. Urgunde ADvocate
...
CORAM: SMT. VIBHA KANKANWADI AND
ABHAY S. WAGHWASE, JJ.
DATE : 17th OCTOBER, 2023
ORDER :
1. Present application has been filed for continuing the Appeal by the legal representative of the deceased. Criminal Appeal No.397 of 2014 was filed by one Vishwanath Prabhu Pitale who is the original accused, challenging his conviction in Sessions Case No.82 of 2012 by the learned II Additional Sessions Judge, Latur on 1st July 2014 for the offence punishable under Section 304, ::: Uploaded on - 18/10/2023 ::: Downloaded on - 19/10/2023 05:40:16 ::: apln-1933.21 2 337, 338 of the Indian Penal Code, Section 177, 184, 185 of the Motor Vehicles Act.
2. Now, by filing a photo copy and for perusal of the Court, the certified copy was shown, showing that the accused appellant expired on 9th August 2019. Even the 2nd Joint Civil Judge, Senior Division, Latur appears to have issued heir-ship certificate. In view of the said fact, in the normal course the Appeal would have abated, however it is stated that the deceased accused was Government servant and therefore, the widow wants to prosecute the appeal. There is no hurdle in allowing the Application. The Application stands allowed. Necessary amendment be carried out immediately.
3. It is also to be noted that the State had filed Criminal Appeal No.496 of 2015 for enhancement, under Section 377 of the Code of Criminal Procedure against original accused - Vishwanath Prabhu Pitale. In view of the fact coming on record that original accused is no more, the said Appeal i.e. Criminal Appeal No.496 of 2015 stands disposed of as abated.
[ABHAY S. WAGHWASE] [SMT. VIBHA KANKANWADI]
JUDGE JUDGE
asb/OCT23
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