The Gujarat High Court has recalled its earlier judgment convicting a man in a criminal case after it was revealed that the accused had passed away nearly nine years ago, well before the final hearing. The Court also pulled up the police and prosecution office for gross negligence in failing to inform it of the accused’s death, which led to an invalid conviction order.
The division bench of Justice Cheekati Manavendranath Roy and Justice D. M. Vyas was hearing Criminal Appeal No. 1248 of 2013 filed by the State of Gujarat against the acquittal of Raijibhai Fulabhai Sodha. The State’s appeal had been allowed by the Court on July 11, 2025, and the accused was convicted in absentia. A non-bailable warrant was issued to secure his presence for sentencing.
However, when the matter was listed again on July 28 for consideration on sentence, Additional Public Prosecutor Ms. Krina Calla informed the Court that the accused had died on September 21, 2016. A copy of the death certificate and a police report from Mahemdabad Police Station were submitted.
The Court expressed serious displeasure, observing:
“We very seriously deprecate the said negligence on the part of the concerned police in not informing the factum of death of the accused to the office of the PP of the High Court and also to present APP even when the matter is taken up for final hearing.”
It noted that due to this lapse, the Court was made to hear and decide a matter involving a deceased person. The judges stated:
“When he died on 21.09.2016 itself in an appeal preferred in the year 2013, since he is the sole accused in the case, the appeal stood abated against him at the time of death itself.”
Calling it a “fit case” for action, the bench directed the learned PP and APP to escalate the matter to the Superintendent of Police, Kheda District, for initiating suitable action against the concerned officials. The Court further instructed the Public Prosecutor’s office to ensure such negligence does not recur:
“The office of PP also equally got responsibilities to verify in such old appeals regarding the availability or not of the accused before commencing argument in final hearing matter of such cases. It shows that there is lack of proper co-ordination between police and the office of the PP.”
On the legal consequence of the July 11 conviction judgment, the bench cited the Supreme Court’s decision in S vs. Sunilkumar & Anr., (2016) 16 SCC 687, which held that when an appeal is decided without knowledge of the accused’s prior death, the judgment is ineffective and must be recalled.
Relying on this precedent, the Gujarat High Court ruled:
“The judgment dated 11.07.2025 allowing the appeal of the State and convicting the accused will have no effect and the said judgment is hereby recalled and the appeal is disposed of as abated.”
Case Title: State of Gujarat v. Raijibhai Fulabhai Sodha
Case No.: R/Criminal Appeal (Against Acquittal) No. 1248 of 2013
