Bhausaheb Madhukar Gore vs The State Of Maharashtra
2023 Latest Caselaw 1409 Bom

                                                        921-CriAppeal-770-2015
                                         -1-

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                921 CRIMINAL APPEAL NO. 770 OF 2015
           WITH APEAL/769/2015 WITH APEAL/771/2015 WITH
                          APEAL/857/2015

                         DASTGIR GAFUR SHAHA
                                  VERSUS
               THE STATE OF MAHARASHTRA AND ANOTHER
                                    ......
                Advocate for Appellant : Mr. Joydeep Chatterji
                APP for Respondent-State : Mr. R. V. Dasalkar
                                     .....

                               CORAM : SMT. VIBHA KANKANWADI AND
                                       ABHAY S. WAGHWASE, JJ.

DATED : 09 FEBRUARY, 2023

PER COURT :-

1. After hearing learned Advocate for the original accused for a

while, it has been noticed that the trial court has in all imposed fine of

Rs.1,36,000/- on the accused persons i.e. the appellants and out of

that, amount of Rs.1,25,000/- has been directed to be paid to the wife

of the deceased. In fact, there are four appeals and in all the four

appeals the appellants have not added wife of the deceased as party

respondent. She is a necessary party when the entire judgment and

order is under challenge. We may take benefit of Emperor v. Chunilal

Bhagwanji [AIR (29) 1942 Bombay 205 (1)] wherein it has been held

that the person to whom compensation has been awarded should be a

necessary party when that part of the order is also challenged.

921-CriAppeal-770-2015

2. In view of this position of law, we direct all the appellants to

add wife of the deceased as party respondent. The amendment to that

effect be carried out immediately. After the amendment is carried out,

issue notice to the added respondent to be made returnable on

27.02.2023.

[ABHAY S. WAGHWASE, J.] [SMT. VIBHA KANKANWADI, J.]

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