The Gujarat High Court has strongly criticized the State police and the Public Prosecutor’s (PP) office for failing to inform it that a man accused of murdering his wife had died nearly nine years earlier.
The lapse led the Court to mistakenly convict the deceased, Raijibhai Sodhane, on July 11, 2025, for the murder of his wife. After pronouncing the conviction, the Court had sought Sodhane’s presence to hear arguments on sentencing and even issued a non-bailable warrant due to his absence during final hearings.
When the matter came up on July 28, State counsel revealed that Sodhane had actually died on September 21, 2016. A police report and death certificate were presented to the Bench of Justice Cheekati M Roy and Justice DM Vyas, who took serious exception to the development.
“Both the concerned police and office of PP made the Court hear the matter in a case where accused passed away long back… It is the negligence of the police which made the Court to pass a judgment in a case where accused passed away,” the Court observed.
The judges further remarked, “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.”
Directing the Superintendent of Police, Kheda District, to take action against the errant officers, the Court also instructed the PP’s office to ensure better coordination and verification in old appeal matters.
Referring to the Supreme Court ruling in S v Sunil Kumar and Anr, the High Court clarified that its earlier conviction had no legal effect as it was passed without knowledge of the accused’s death. The July 11 conviction was recalled, and the State’s appeal was closed as abated.
Case: State of Gujarat vs Raijibhai Fulabhai Sodha – Available on LAWFYI.IO
