Gujarat High Court slammed the police for their negligence after a judgment was passed against a man who had died years ago. The court found the deceased guilty of his wife’s murder due to police lapses.
The Gujarat High Court criticized the State police and the Public Prosecutor’s office for their failure to inform the Court that Raijibhai Sodhane, the accused in a murder case, had passed away nearly nine years prior.
This lapse led the Court to convict him on July 11 for the murder of his wife.
After the conviction, the Court requested Sodhane’s presence to hear his arguments regarding his sentencing. Since he had not been present during the final hearings, a non-bailable warrant was issued to secure his appearance.
Also Read: Honeymoon Horror: Court Extends Remand of Wife & Lover in Businessman’s Murder Case
However, on July 28, 2025, the State’s counsel revealed that Sodhane had died on September 21, 2016, presenting both a police report and a death certificate to the Court.
A Bench comprising Justice Cheekati M Roy and Justice DM Vyas expressed dismay at this situation, stating,
“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 State counsel mentioned that she was unable to inform the Court about Sodhane’s death due to the police’s failure to communicate this information.
The Court condemned this negligence, stating,
“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 then directed the Superintendent of Police for Kheda District to take appropriate action against the negligent police officials.
It also instructed the Public Prosecutor’s office to improve coordination and verification processes for such cases involving older appeals to avoid similar incidents in the future.
Citing the legal principle established in the Supreme Court ruling in S v Sunil Kumar and Anr, the High Court clarified that its judgment convicting Sodhane would have no bearing, as it was made without knowledge of the accused’s death.
Consequently, the July 11 conviction was cancelled, and the State’s appeal was deemed closed as abated.
Case Title: State of Gujarat v Raijibhai Fulabhai Sodha
Read Attachment