(1.) The appellant - State of Gujarat has preferred the present appeal under Sec. 378 of Criminal Procedure Code, 1973 against the judgment and order of acquittal dtd. 20/5/1996 passed by the learned Additional Sessions Judge, Bhavnagar (hereinafter be referred to as "the trial Court") in Sessions Case No. 186 of 1995, whereby the respondents- original accused were acquitted from the charges levelled against them under Ss. 302, 324, 326, 34 etc. of the Indian Penal Code and Sec. 135 of the Bombay Police Act.
(2.) It appears that during the pendency of present appeal, respondent No.3 - original accused No.3 -Ahir Malabhai Mulubhai has expired on 25/8/2019 and therefore, this Court passed order dtd. 29/4/2022, abating present appeal qua said respondent No.3- original accused No.3 - Ahir Malabhai Mulubhai.
(3.) Present appeal came to be admitted vide order dtd. 30/10/2006, which reads as under:-
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