JAGDISHGIRI KHIMGIRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) JAGDISHGIRI Khimgiri - accused No.1 and Muktaben Khimgiri Rajgiri - accused No.2 were facing trial for the offence punishable under Sections 302, 304(B), 498(A) and 114 of the Indian Penal Code (for short I.P.C. ) and Section 4 of the Dowry Prohibition Act (for short, the said Act ). Vide judgment and order dated 16.04.2005 passed by the learned Additional Sessions Judge and F.T.C., Junagadh in Sessions Case No.76 of 2003, the learned trial Judge convicted accused No.1 Jagdishgiri for the offence punishable under Section 302 of I.P.C. and sentenced him to undergo imprisonment for life and to pay fine of Rs.500/- and in default, to undergo simple imprisonment for one month and whereas, he was acquitted from the offence punishable under Sections 304(B), 498(A) and 114 of I.P.C. and Section 4 of the said Act and accused No.2 was given clean chit and thus, she acquitted from the offence punishable under Sections 302, 304(B), 498(A) and 114 of I.P.C. and Section 4 of the said Act.

(2.) BEING aggrieved and dissatisfied with the impugned judgment and order, accused No.1-Jagdishgiri Khimgiri preferred Criminal Appeal No.1456 of 2006 under Section 374 of the Code of Criminal Procedure, 1973 (for short, the 'Code') whereas, the State of Gujarat also being aggrieved and dissatisfied with the said judgment and order, so far as acquittal of accused No.1 Jagdishgiri from the charge of offence under Sections 304(B), 498(A) and 114 of I.P.C. and Section 4 of the said Act and acquittal of accused No.2 Muktaben Khimgiri from the charge of offence under Sections 302, 304(B), 498(A) and 114 of I.P.C. and Section 4 of the said Act, preferred Criminal Appeal No.1590 of 2005 under Section 378(1)(3) of the Code.

(3.) PENDING hearing of Criminal Appeal No.1590 of 2005, accused No.2 Muktaben Khimgiri died on 20.12.2011 and, therefore, appeal against her was ordered to be dismissed as abated.