complainant dies after taking of cognizance, the proceedings do not abate and trial has to be taken to the logical end following due process ... laying down that on account of death of payee, the trial must abate and as such the proceedings cannot abate on the dead
offence.
4. During the pendency of the trial original accused No. 2 Nimbha died and the trial abatted against him. On recording the verification ... argument advanced by Mr. Khapre. We do not find that the trial Court has only reproduced the synopsis of the evidence in its judgement. There
fact
that the suit had also abated against some of the
alienees. The learned Trial Judge also dismissed the
application filed by the plaintiffs ... order of dismissal of the suit in entirety
as abated passed by the learned Trial Judge
requires to be set aside.
XI] Reliance is placed
categorically held that death of main accused
does not result in abatement of trial. In the case before the Apex
Court the charge-sheet ... that the death of the main accused does
not result in abatement of trial against the co-accused, who have
been roped in by invoking
observed
that death of main accused does not result in abatement of trial.
In that case chargesheet was filed against public servant and non-
public ... ground that the death of main accused has resulted in
abatement of trial and nothing remains for consideration. In these
circumstances, the aforesaid observations were
that time, accused No.2-Vasant Gite expired and, therefore,
the trial abated qua accused No.2-Vasant Gite. The charge was explained ... appellant in vernacular to which he pleaded not guilty and claimed a
trial. The defence as emerged from the cross-examination as well as from
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disposed of by the trial Court as abated.
7. The learned Counsel appearing for the
respondents submitted that the suit ... trial Court and on the
strength of evidence, the trial Court has
recorded the findings to the effect that either
the suit gets abated
complainant dies
after taking of cognizance, the proceedings do not abate and trial
has to be taken to its logical end following due process ... laying down
that on account of death of payee, the trial must abate and as such,
the proceedings cannot abate on the death
years
6) Shankar Mahadeo Naitam
Aged about 42 years
7) Abated (Trial abated )
8) Bala Bapurao Satone
Aged about 28 years
9) Antu Annaji Satone ... passed by the learned 3rd Ad-hoc Additional Sessions Judge in Sessions Trial No.
45/1999 convicting and sentencing the appellants /accused
Pratibha
alias Bali Bhaurao Dangarkar were charged in Sessions Trial
No. 544 of 1998 for commission of offences punishable under
Sections:-
[a] 147 of Indian ... death.
2. Accused No.4 Prafful died during pendency of trial
and trial abated to his extent.
Trial of Accused No.6 Ku. Pratibha alias
