1 of 2 904-apeal-389-15 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 389 OF 2015 Shreekant Yallappa Doifode ..Appellant Versus Ajay Manik Shinde & Ors. ..Respondents __________ Mr. Ganesh Bhujbal, for Appellant. Mr. Mandar Bagkar a/w. Vishwesh Gadage i/b. Chetan Patil for Respondent Nos.1 to 6. Ms. Priyanka Rane, APP for State/Respondent No.7. __________ CORAM : SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ. DATE : 10 JUNE 2025 PC : 1. Learned counsel Mr. Bhujbal informed the Court that the Appellant has passed away. 2. Learned counsel Mr. Mandar Bagkar appearing for the Respondent Nos.1 to 6 i.e. the original accused also concurs with this statement. The Appeal challenges the Judgment and order dated 26.08.2014 passed by the Sessions Judge, Kolhapur, in Sessions Case No.141 of 2012, acquitting the Respondents from the charges of commission of offences punishable under sections 143, 147, 148, 324, 325 and 307 r/w. 149 of the I.P.C. Gokhale VINOD BHASKAR GOKHALE Digitally signed by VINOD BHASKAR GOKHALE Date: 2025.06.13 19:07:42 +0530 2 of 2 904-apeal-389-15 3. Section 394 of the Cr.P.C. reads thus: “394 - Abatement of appeals - (1) Every appeal under section 377 or section 378 shall finally abate on the death of the accused. (2) Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant: Provided that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall not abate. Explanation.—In this section, "near relative" means a parent, spouse, lineal descendant, brother or sister.” 4. This Appeal is preferred by the first informant. He has passed away. Therefore, the provisions of Section 394(2) of the Cr.P.C. are attracted in this case and the appeal abates on the death of the Appellant. Accordingly, the Appeal is disposed of as having abated. (SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.)