1 (APEAL 546.04) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.546 OF 2004 Kakasaheb Babasaheb Gujar ... Appellant. V/s State of Maharashtra .... Respondent. None 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 Superintendent, Kolhapur Central Prison has sent a letter to the Registrar of this Court, stating therein that the appellant expired on 01/06/2007. Trial Court had convicted the appellant for the offence punishable under section 302 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life and to pay fine of Rs 3000/- and, in default, to suffer further rigorous imprisonment for two years. He was also convicted for the offence punishable under section 201 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs 1,000/- and in default to suffer further rigorous imprisonment for six months. He was also convicted for the 2 (APEAL 546.04) offence punishable under sections 25 and 27 of the Arms Act and sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs 2000/- and in default to suffer further rigorous imprisonment for three months. 2. In view of the provisions of section 394 of Cr.P.C., on account of death of the appellant/accused the sentence awarded to him by the Trial Court cannot be enforced and, therefore, the appeal abates. 3. So far as the payment of fine is concerned, if the amount is already paid, the said amount shall stand forfeited. If the said amount is not paid, taking into consideration the peculiar facts and circumstances of the case, the imposition of fine is set aside. In any case, since the default order is also passed in which a provision is made that in the event of default in payment of fine amount, the accused should further suffer rigorous imprisonment, even that sentence would abate on account of the death of the appellant/accused. 4. Taking into consideration all the aforesaid circumstances, appeal abates and it is disposed of accordingly. (K.K. TATED, J.) (V.M. KANADE, J.) 3 (APEAL 546.04)