STATE OF GUJARAT Vs. KOLI JESANG BHAGWAN

JUDGEMENT

(1.) Learned APP Ms. Jirga Jhaveri appearing for the appellant - State produces on record the statement of Gugabhai Bhagwanbhai Kakrecha recorded by police Head Constable, Halvad Police Station stating therein that Jesang Bhagwan, respondent No. 1 - accused no. 1, who happens to be elder brother of the person whose statement was recorded, has expired on 3/12/2017 and produced the xerox copy of death certificate. Alongwith the said statement and certificate, xerox copy of death certificate in respect of Gagjibhai Vitthalbhai, who happens to be respondent no. 3 - accused no. 3 who has expired on 25/11/2011 is also produced. The said fact is also confirmed by learned advocate Mr. Ashish Dagli who represents both of them. In view thereof, the present Appeal abates for the death of those two respondents qua them and it remains only against respondent no. 2 - accused no. 2 - Koli Kamuben w/o Jesang Bhagwan.

(2.) This Appeal is filed by the State of Gujarat under Sec. 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') challenging the judgment and order of acquittal recorded by Additional Sessions Judge, Dhrangadhra dtd. 7/11/2001 rendered in Sessions Case No. 12 of 1998 against the respondents - accused. However, as order passed today, pursuant to statement recorded by Police Head Constable, Halvad Police Station of Gugabhai Ghagwanbhai Kakrecha, who happens to be younger brother of respondent no. 1 - accused no. 1 - Koli Jesangbhai Bhagwanbhai, who has died on 3/12/2017 and pursuant to xerox copy of death certificate in respect of respondent no. 3 - accused no. 3 Koli Gagjibhai Vitthalbhai, the appeal is ordered to be abated qua them. Therefore, this Appeal, that too, at the instance of the State, is heard against respondent no. 2 - accused no. 2 Koli Kamuben w/o Jesangbhai Bhagwanbhai only.

(3.) Heard Ms. Jirga Jhaveri, learned APP for the State.