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november 2010

Supreme Court of India · 2010-11-23

Abaseheb Tatyaba Rakate & Anr vs State Of Maharashtra

Court
Supreme Court of India
Petitioner
Abaseheb Tatyaba Rakate & Anr
Respondent
State Of Maharashtra
Bench
Chandramauli Kr. Prasad, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court dismissed the appeal under Section 306 IPC as having abated due to the death of the appellants, in accordance with Section 394 of the Code of Criminal Procedure. The Court held that the appeal no longer survives as the parties involved are no longer alive, thus rendering the legal proceedings moot. This decision reinforces the principle that criminal appeals cannot proceed if the accused has passed away.

Abaseheb Tatyaba Rakate & Anr vs State Of Maharashtra · Niyam