STATE OF GUJARAT Vs. PATEL RANMALBHAI LAXMANBHAI

JUDGEMENT

(1.) This appeal is preferred by the State under section 378 CrPC against the order dated 14th October 1992 passed by the learned Additional Sessions Judge, Mehsana in Sessions Case No. 193 of 1988, in the following background.

(2.) The respondents accused were charged for the offences punishable under sections 147, 148, 323, 307, 149 IPC read with section 135 of the Bombay Police Act in Sessions Case No. 193 of 1988, when the case was committed to the Court of Sessions after due investigation of the FIR registered with Sami Police Station being I -C.R No. 17 of 1988. Complainant - Lakhubhai Mohanbhai Nai gave a complaint that on 21st February 1988 at around 9.00 pm, while he was at his residence, he came to know that his son Bhagwanbhai and nephew Manubhai Mahadev were being beaten by Patel Ranmalbhai and his sons at their residence. He rushed to the residence of Patel Ranmalbhai and found that sons of Ranmalbhai Patel viz., Jaggubhai, Ratilal, Passabhai, Laxmanbhai and Khotabhai Ishwarbhai were in fact beating his son Bhagwanbhai and nephew Manubhai Mahadev. They both were shouting for rescue, and therefore, he intervened and also suffered kicks and pushes. W hile he was leaving for his home with both of them ie., his son and nephew, Ranmalbhai Patel fired from his terrace and he sustained a wound on his leg. Much blood came out due to such wound and due to fear of the accused, he never went out but only when the police personnels came, he went to Gram Panchayat, Sankeshwar and gave a complaint.

(3.) The genesis of this crime was that two persons had visited the terrace of the accused Jaggu on 19th February 1988. He and other accused - respondents victims -Bhuvan and Manubhai and therefore, then were called to clarify the said issue at the residence of accused -respondents. Complaint led to investigation and the same culminated into framing of the charges against the accused persons. As already today of abatement, on the strength of the submissions made by learned senior advocate Shri A.D Shah that Patel Ranmalbhai Laxmanbhai has expired substantiating the same by a Death certificate, and therefore, Criminal Appeal No. 990 of 1992 qua him is abated.