STATE OF GUJARAT Vs. MANGALBHAI JETHABHAI PATEL

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 30/3/1999 passed by the learned Sessions Judge, Panchmahals at Godhra in Sessions Case No. 270 of 1998, whereby the respondent accused came to be acquitted for the offences punishable under Sec. 302 read with Sec. 34 and 201 of the Indian Penal Code by giving them benefit of doubt, the appellant - State has preferred this appeal.

(2.) It was informed by learned APP Mr. Manan Mehta on the basis of a police report dtd. 1/2/2024 by P.S.I., Kothamba Police Station that the accused respondent no. 1 - Mangalbhai has expired on 30/10/2019 and accused no. 2 Dilipbhai @ Kalubhai Mangalbhai Patel has expired on 30/1/2024. The report is accompanied by photocopy of death certificates of both the accused which are taken on record and hence, this appeal would abate qua the accused respondents no. 1 and 2 and would survive only qua the accused respondent no. 3.

(3.) Brief facts of the case are stated as under:-