GUJARAT Vs. KHUBCHAND KAMUMAL THAVRANI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 22/6/1999 passed by the learned Additional Sessions Judge, Rajkot in Sessions Case No.132 of 1994, whereby the respondents accused came to be acquitted for the offences under Sec. 302 of Indian Penal Code and under Sec. 498(A), 306, 304(B) and 114 of the Indian Penal Code, the appellant - State has preferred present appeal under Sec. 378 of the Code of Criminal Procedure, 1973 ("the Code" for short).

(2.) At the outset, it was submitted by learned Additional Public Prosecutor Ms. Shruti Pathak that accused respondent No.1 Khubchand Kamumal Thavrani had expired on 8/2/2023, as per the police report submitted to the office of learned Additional Public Prosecutor on 1/2/2024 along with photocopy of the death certificate of Khubchand Kamumal Thavrani and hence, the appeal would abate qua respondent No.1. Photocopy of the police report submitted by the Police Inspector, Pradyumnagar Police Station, Rajkot City on 1/2/2024 as well as photocopy of the death certificate of Khubchand Kamumal Thavrani indicating that he has expired on 8/2/2023 are taken on record and hence, the present appeal would abate qua respondent No.1.

(3.) In the aforesaid background, I have heard learned Additional Public Prosecutor Ms. Shruti Pathak appearing for the appellant - State.