STATE OF GUJARAT Vs. NIZAMUDDIN CHHOTUMIYA KAJI

JUDGEMENT

(1.) This is an appeal filed by the State of Gujarat, under Sec. 378 of the Code of Criminal Procedure, 1973 (for short "the Code"), challenging the judgment and order of acquittal recorded by the learned Additional Sessions Judge, Vadodara dtd. 10/10/1994 in Sessions Case No.151 of 1994, whereby respondents - accused have come to be acquitted of the charge levelled against them.

(2.) During the course of trial, accused No.9 - Akhtar Akbar Khokhar, since died, more particularly before charge came to be framed, case against him was ordered to be abated. Two more accused, during the pendency of this appeal, have also died, vide order dtd. 10/6/2019, appeal qua respondent No.11 i.e. Kamalludin Ibrahim Kaji was ordered to be abated. Again, as recorded in an order dtd. 23/6/2022, since accused No.4 i.e. respondent No.4 herein has also died, appeal qua him was also ordered to be abated.

(3.) In view thereof, this appeal is now required to be considered against accused Nos.1 to 3, 5 to 8, 10 & 12 herein.