1 (APEAL 544.91) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.544 OF 1991 Piraji Bhimappa Chikhaldini ... Appellant. V/s The State of Maharashtra ... Respondent. Mr. Niranjan Mundargi i/b Mr. A.P. Mundargi for the appellant. Mr. P.S. Hingorani, APP for the State. CORAM: V. M. KANADE & K.K. TATED, JJ DATE : 19th December, 2011 P.C.:- 1. The learned Counsel appearing on behalf of the appellant submits that the sole appellant has expired. The learned APP had asked the concerned Officer to verify this fact and accordingly after verifying the said fact he has obtained a copy of the Death Certificate which the concerned Officer has sent by FAX. The Death Certificate discloses that the appellant expired on 14/3/2005. 2. The Appellant was convicted for the offence punishable under section 302 of the Indian Penal Code and was 2 (APEAL 544.91) sentenced to suffer life imprisonment and to pay fine of Rs 2000/- and in default to suffer further rigorous imprisonment for six months. 3. On account of the death of the appellant, the sentence of life imprisonment abates in view of section 394 of the Criminal Procedure Code and so far as the fine amount is concerned, if the said amount is already paid by the appellant the same shall stand forfeited since no application has been filed by the relatives of the appellant to bring them on record. If the said fine amount is not paid, since the said amount of fine is paltry amount, the said sentence imposing fine is set aside. 4. Appeal is disposed of in the aforesaid terms. (K.K. TATED, J.) (V.M. KANADE, J.) 3 (APEAL 544.91)