STATE OF GUJARAT Vs. VAGHABHAI CHHAGANBHAI PATEL

JUDGEMENT

(1.) The present Appeal has been filed by the Appellant - State of Gujarat under the provisions of Sec. 378 of the Code of Criminal Procedure 1978 challenging the judgment and order dtd. 22/9/1997 passed by the learned Additional Sessions Judge, Panchmahal at Godra in Sessions Case No. 5 of 1996.

(2.) At the outset, it is required to be noted, pending the present Appeal, the Respondent Nos. 3, 4 and 5 have expired, and therefore, the present Appeal has abated qua them.

(3.) The facts and circumstances giving rise to the filing of the present Appeal are that, an FIR came to be lodged by one Bhemabhai Kalubhai with Devgarhbaria Police Station on 28/7/1995. On the basis of the said FIR, the offence was registered against the present Respondents for the offence punishable under Ss. 145 , 147 , 148 , 504 , 355 , 506(2) , 307 , 323 and 149 of the Indian Penal Code.