(1.) The present Appeal is preferred by the Appellant - State of Gujarat under Sec. 378(1)(3) of the Criminal procedure Code,1973, against the impugned judgment and order passed in Atrocity Case No. 42 of 2008 by the learned Special Judge and 2 nd Additional Sessions Judge, Vadodara dtd. 25/3/2010, recording the acquittal of the Respondents / Original Accused Persons for the charges under Ss. 323 , 504 , 114 of the Indian Penal Code and Sec. 3(1) (10) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act , 1989 (hereinafter referred to as "the Atrocities Act") and Sec. 135 of the B.P. Act.
(2.) The Appeal was Admitted on 17/1/2011. During the course of hearing, learned Advocate Ms. Richa Shah, appearing on behalf of the Respondent Nos. 1 to 4 has submitted that Respondent No.4 - Kalidas Narrotambhai Bariya has expired. She has placed on record the death certificate.
(3.) In view of the statement made by learned Advocate Ms. Richa Shah that Respondent No.4 - Kalidas Narrotambhai Bariyha has expired, the Appeal stands abated qua Respondent No.4 and the Appeal is now confined to Respondent Nos. 1 to 3.
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