RAJESHBHAI BAKURBHAI SALAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge in this Appeal filed under Section 374 of the Code of Criminal Procedure, 1973 (`the Code' fort short) is to the correctness of judgment and order dated 4.6.1999, rendered in Sessions Case No.29 of 1996, by the learned Additional Sessions Judge, Panchmahal at Godhra, by which the appellant has been convicted for the offences punishable under Sections 366, 376 read with Section 114 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and fine of Rs. 500/- in default, rigorous imprisonment for two months for all the offences.

(2.) At the time of hearing of this Appeal on 25.10.2010, Mr. Y.M. Thakkar, learned Advocate for the appellant, as per the instructions received from the learned Advocate who appeared before the Trial Court, made a statement that the appellant has met with an accident and has passed away after filing of the present Appeal. However, he has not produced the Death Certificate. This Court, therefore, vide Order dated 25.10.2010, directed the learned APP to verify from the concerned Police Station as to whether the appellant has died or not and the matter was adjourned to 27.10.2010.

(3.) Today, when the matter is called out, Ms. C.M. Shah, learned APP, on the basis of fax message received by her from Police Inspector, Godhra City `A' Division Police Station, states that the statement made by Mr. Y.M. Thakkar, learned Advocate for the appellant with regard to the death of the appellant is correct and the appellant has died on 27.8.2003. In support of her statement, she has produced the copy of fax message dated 26.10.2010 as well as the Death Certificate issued by the Talati-cum-mantri, Vejalpur Panchayat and also the statements of Ramilaben and Satishbhai, near relatives of the appellant.