(1.) The present appeal has been filed by the appellant -State of Gujarat under Section 378 of the Code of Criminal Procedure, 1973 (for short "œthe Cr.P.C. "), challenging the judgment and order of acquittal dated 29.3.1996 passed by the Sessions Judge, Nadiad, in the Sessions Case No. 126 of 1995, by which the Sessions Judge has acquitted all the three respondents -accused for the offence punishable under Sections 302, 498A read with Section 114 of the Indian Penal Code (for short "œthe I.P.C. ").
(2.) It has come on record that during the pendency of the appeal, the present respondents Nos. 1 and 2 have expired and therefore, the appeal stood abated against the respondents Nos. 1 and 2 and the case qua respondent No. 3, who is the original accused No. 3, is heard by us.
(3.) The case put forward by the prosecution before the Trial Court is as under: