ABEDINBHAI TURABBHAI Vs. CHHAGANBHAI DEVABHAI BHARWAD

JUDGEMENT

(1.) This is a Criminal Revision Application filed under Section 401 read with Section 397 of the Criminal Procedure Code, 1973, (for short, Cr.PC) filed by original complainant of Sessions Case No.112 of 1987 challenging the order of partly conviction and partly acquittal passed by the learned Additional Sessions Judge (Mr F.R. Makwana), Ahmedabad (Rural) at Mirzapur (who will be referred to hereinafter as "the learned trial Judge") by rendering his judgement exh.88 dated 30th January 1989 in Sessions Case No.112 of 1987 which was pending on his file.

(2.) During the pendency of this Criminal Revision Application, on 10.3.2000 it was submitted by Mr H.K. Parmar that Revision-Opponents Nos.9, 15 and 18 have died and therefore vide order dated 10.3.2000 this Criminal Revision Application is abated against Revision Opponents Nos.9, 15 and 18.

(3.) Here in this present matter the Revision Petitioner was original complainant who lodged a complaint in Dholka Police Station and on the basis of that complaint the investigation was conducted and ultimately charge sheet was filed against Revision Opponents Nos.1 to 18 in the Court of the learned Judicial Magistrate, Dholka, and therefore the Revision Opponents Nos.1 to 18 were accused before the Court of the learned JMFC, Dholka, who ultimately committed the case to the Sessions Court, Ahmedabad (Rural) at Mirzapur and therefore for the sake of convenience the parties will be referred to hereinafter as the complainant and the accused.