Police lapse leads Gujarat High Court to find dead man guilty of wife's murder

The Gujarat High Court recently criticized the State police and the Public Prosecutor’s office for failing to inform that the man accused in a murder case being considered by the Court had already died nearly nine years earlier [State of Gujarat v Raijibhai Fulabhai Sodha].

The lapse had led the Court to pass an order on July 11 convicting the deceased man, Raijibhai Sodhane, for the murder of his wife.

After the Court passed the conviction order, it had sought Sodhane's presence to hear his arguments before deciding on what his punishment should be.

Since Sodhane had been absent during final hearings that took place before the High Court, the Court also issued a non-bailable warrant to secure his presence.

However, when the matter came up on July 28, 2025, the State's counsel informed the Court that Sodhane had died on September 21, 2016. A police report and a death certificate was also produced before the Court.

A Bench of Justice Cheekati M Roy and Justice DM Vyas took exception to this turn of events.

"Both the concerned police and office of PP made the Court hear the matter in a case where accused passed away long back. 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. But for a period of 9 years, both the police and the office of PP did not bring the said factum of death of the accused to the notice of Court. It is the negligence of the police which made the Court to pass a judgment in a case where accused passed away," the Court said in its July 28 order.

The State counsel, meanwhile, told the Court that she could not bring this aspect to the Court's notice, as the police had failed to pass on this information.

"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," the Court said, in response.

The Court proceeded to direct the Superintendent of Police, Kheda District, to take appropriate action against the errant police officials.

The Public Prosecutor's office was directed to ensure better coordination and verification in such matters involving old appeals to prevent such incidents in the future.

Relying on the legal principle laid down in the Supreme Court’s ruling in S v Sunil Kumar and Anr, the High Court also clarified that its judgment convicting Sodhane would have no effect since it was passed without knowledge that the accused had already died.

Consequently, the July 11 judgment convicting Sodhane was recalled, and the State's appeal in the matter was closed as abated.

[Read Order]