Rajesh @ Raju Babu Bhore ... vs The State Of Maharashtra
2023 Latest Caselaw 1854 Bom

                                     {1}              CRI APPEAL 526 OF 2021


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

                  916 CRIMINAL APPEAL NO.526 OF 2021
                WITH APPLN/2499/2021 IN APPEAL/526/2021

            RAJESH @ RAJU BABU BHORE (BHANGARWALA)
                                 VERSUS
                     THE STATE OF MAHARASHTRA
                                   ...
      Advocate for Appellant : Mr.Dhaware Rajkumar B. (appointed)
               APP for Respondent No.1 : Mr.R.V.Dasalkar
                                   ...
                    CORAM : SMT. VIBHA KANKANWADI &
                                  ABHAY S. WAGHWASE, JJ.

DATE : 23rd February, 2023

PER COURT :-

. Since arguable point is made, appeal is "admitted".

2. It is noticed that amount of Rs.20,000/- out of fne amount

has been directed to be paid to the legal heirs i.e. widow and

children of deceased i.e. Shaikh Sadek Shaikh Sajjad by way of

compensation under Section 357(1) of the Code of Criminal

Procedure. Wife of deceased is a necessary party when the

entire judgment and order is under challenge. We may take

beneft of Emperor vs. 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.

{2} CRI APPEAL 526 OF 2021

3. Hence the appellant is directed to add wife of deceased as

party respondent no.2.

4. Amendment to be carried out forthwith. After amendment

is carried out, issue notice to the respondents. Learned APP

waives service of notice for respondent No.1.

5. Notice of added respondent No.2 is made returnable on

27-03-2023.

6. In the meantime, call Record and Proceedings with paper

book.

   ( ABHAY S. WAGHWASE )            ( SMT. VIBHA KANKANWADI )
          JUDGE                                JUDGE


 SPT