STATE OF GUJARAT Vs. KANCHANBHAI BHANABHAI TADVI

JUDGEMENT

(1.) This appeal is filed challenging the judgment and order of acquittal recorded by the 03rd (Ad-hoc) Additional Sessions and Special (ACB) Judge, Rajula in Special (ACB) Case No.22 of 2011 (Old No.20 of 2005), dtd. 3/7/2018, acquitting the respondent " " accused herein for an offence under Ss. 7, 12 and 13(1)(d) of the Prevention of Corruption Act, 1988.

(2.) Mr. Bhaumik Dholariya, learned advocate for respondent " " accused has, vide communication dtd. 4/10/2021 addressed to the Registrar General, produced an affidavit along with certificate of Primary Health Center, Kadachhala, issued by Medical Officer, Primary Health Center, Kadachhala, Taluka " " Bodeli, District " " Chhotaudepur, stating therein that sole respondent " " accused viz. Kanchanbhai Bhanabhai Tadvi has tested of Covid-19. The son of the sole respondent - accused has also filed an affidavit. The wife and son both have claimed that respondent " " accused has died on 8/5/2021 because of Covid-19.

(3.) At any rate, death of the sole respondent " " accused, is also verified through Police Sub Inspector, Bodeli Police Station where the respondent " " accused was residing and it is found to be correct. Very same certificates, which are annexed with the affidavit of the wife of the respondent " " accused, is also collected by the Police Sub Inspector and it has been reported that the death has occurred, as claimed by the learned advocate for the respondent " " accused.