Rajesh S/O. Dudhram Uke vs The State Of Maharashtra
2023 Latest Caselaw 11762 Bom

Bombay High Court

Rajesh S/O. Dudhram Uke vs The State Of Maharashtra on 28 November, 2023

Author: Vibha Kankanwadi

Bench: Vibha Kankanwadi

                                                             -1-              8-Cri.Appln.330.2018

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                BENCH AT AURANGABAD

                                         CRIMINAL APPLICATION NO.330 OF 2018
                                                IN APEALST/89/2018

                                               RAJESH S/O. DUDHRAM UKE
                                                        VERSUS
                                              THE STATE OF MAHARASHTRA
                                                              ...
                                Advocate for Applicant : Mr. M. A. Tandale (Appointed Through
                                                          Legal Aid)
                                        APP for Respondent - State : Mr. S. D. Ghayal
                                                            ...
                                                    CORAM : SMT. VIBHA KANKANWADI AND
                                                            ABHAY S. WAGHWASE, JJ.

DATED : 28th NOVEMBER, 2023

PER COURT :

1. Perusal of the impugned Judgment shows that the learned trial Judge has granted compensation under section 357(1) of the Code of Criminal Procedure to the children of the appellant as well as deceased. They are necessary party in view of the decision in Emperor Vs. Chunilal Bhagwanji, reported in AIR (29) 1942 Bombay 205(1) and therefore we direct the appellant to add the children as party to the appeal as well as application.

2. Amendment to be carried out within one week.

3. After the amendment is carried out, issue notice to the added respondents, to be made returnable on 19.12.2023.

(ABHAY S. WAGHWASE, J.) (SMT. VIBHA KANKANWADI, J.) Tandale

Signed by: Manoj Tandale Designation: PA To Honourable Judge Date: 29/11/2023 18:47:27