'Convicted from beyond the grave': HC nullifies verdict after discovering accused had died years earlier

In an extraordinary turn in a decade-old criminal appeal, the Gujarat High Court has recalled its judgment convicting Raijibhai Fulabhai Sodha for the murder of his wife, after it was revealed that the sole accused had died nearly nine years earlier. The Division Bench of Justice Cheekati Manavendranath Roy and Justice D.M. Vyas sharply criticised the police and the Public Prosecutor’s office for failing to communicate this fact, terming the lapse “very serious negligence.”

The State’s appeal against Sodha’s acquittal concluded with the High Court convicting him and issuing a non-bailable warrant to secure his presence for sentencing. When the matter was next taken up, the Additional Public Prosecutor, acting on information belatedly relayed by the police, revealed that Sodha had died years earlier, producing his death certificate and a police report before the Court.

The Bench noted that both the police and the PP’s office had “made the Court hear the matter in a case where accused passed away long back,” and that the appeal had in fact abated at the time of his death. The Court directed the Superintendent of Police to initiate action against the errant police officials and instructed the PP’s office to institute verification protocols in old appeals to prevent the recurrence of such lapses.

Relying on the Supreme Court’s ruling in S v. Sunilkumar and Anr., the Bench held that a conviction rendered without knowledge of the accused’s prior death “will have no effect” and is liable to be recalled. Accordingly, the Court set aside the conviction and ordered that the State’s appeal stand abated.

Case Title: State Of Gujarat Vs. Raijibhai Fulabhai Sodha

Case No.: R/Criminal Appeal (Against Acquittal) No. 1248 of 2013

Coram: Justice Cheekati Manavendranath Roy and Justice D. M. Vyas