STATE OF GUJARAT Vs. SINDHI NIYAJMAHMAD NAJUMIY

JUDGEMENT

(1.) SINCE these two matters involve identical questions of law and facts and arise from the common judgment and order passed by the trial court, they have been heard together and are being disposed of by this common judgement.

(2.) CRIMINAL Appeal No.916 of 1990 is filed by the State of Gujarat under Section 378 of the Code of Criminal Procedure, 1973 against the judgment and order dated 3 rd August 1990 passed in Sessions Case No.152 of 1989 by the learned Assistant Sessions Judge, Mehsana to the extent that he acquitted the accused persons of the offence punishable under Section 307 of IPC.

(3.) AT the outset, learned Senior Counsel, Mr Shethna has stated at Bar that accused No.1 ­ Niyajmahmad Najimiya has died during the pendency of appeal/revision and the said statement is affirmed by learned APP, Mr L.R. Dabhi for the State. Registry is directed to amend the cause title by deleting the name of accused No.1 ­ Niyajmahmad Najimiya from the cause title of Criminal Revision Application No.132 of 1991, preferred by the accused persons and Criminal Appeal No.916 of 1990 preferred by the State qua accused No.1 stand abated and are confined to only accused Nos.2 and 3.